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Page 1: DG Justice - knjiznica.sabor.hr

Produced by

iLICONN Consortium

DG Justice Unit B2

Land Registers Interconnection

feasibility and implementation

analysis

More information on the European Union is available on the Internet (httpeuropaeu) Luxembourg Publications Office of the European Union 2014 ISBN 978-92-79-45120-1 doi 102838711978

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bull more than one copy or postersmaps from the European Unionrsquos representations (httpeceuropaeurepresent_enhtm) from the delegations in non-EU countries (httpeeaseuropaeudelegationsindex_enhtm) by contacting the Europe Direct service (httpeuropaeueuropedirectindex_enhtm) or calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) () () The information given is free as are most calls (though some operators phone boxes or hotels may charge you)

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4 copy European Union 2014

Abstract

This document is the outcome of the European Commissionrsquos study lsquoEuropean e-

Justice Portal Land Registers Interconnection - Feasibility and Implementation

analysisrsquo It presents the results of a business and a technical study that together forms

the preliminary work toward building a land register interconnection in the European

e-Justice Portal The business study report contains a consolidated view of the land

register landscape in the 28 Member States and their analysis as far as interconnection

aspects are concerned The technical part provides an overview of potential

architecture solutions for such an interconnection Finally the document presents

different possibilities for handling payments

Authors iLICONN Consortium

Rudolf De Schipper

Patrice-Emmanuel Schmitz

Piotr Danowski

Giedre Kazlauskaite

Pedro Torrinha

Nicholas Yialelis

Panagiotis Athanasiou

Version

107

Date

14102014

Disclaimer

This report has been prepared for the European Commission by partners of the

iLICONN consortium (Unisys Corporation and Intrasoft International) It reflects

views only of the authors and the Commission cannot be held responsible for any use

which may be made of the information contained therein

Revision History

Version Author Description

105 iLICONN Original Version

106 iLICONN Clarification regarding EULIS project in sections 121

Relevant Actors and 1222 EULIS LINE project

107 European

Commission

Final revision prior to the publication

5 copy European Union 2014

Table of Contents

Revision History 4

Table of Contents 5

List of Figures 6

List of Tables 7

Executive summary 8

Context and scope 8

Business Analysis 9

Architecture overview 12

Handling Payments 15

1 Part I Business Analysis Report 17

11 Introduction 17

12 State of Play 23

13 Business requirements 38

14 The way forward 44

2 Part II Architecture Overview 61

21 Introduction 61

22 Information System Description 63

23 Compliance 63

24 Architecture Overview 64

25 Work packages and effort estimation 92

26 Implementation roadmap 104

27 Strengths and weaknesses of the alternatives 107

28 Performance and volumetric estimations 111

29 Re-usable architectural assets 112

3 Part III Proposals for handling payments 113

31 Introduction 113

32 Introduction to payment systems 115

33 Payment solution overview 117

34 Proposed payment solutions 121

4 Annexes 134

41 List of national land registers and their organisation 134

42 Title vs deed systems 145

43 Summary of data analysis 147

44 Detailed comparison tables 152

45 Language 178

46 Usage costs and payments methods per Member State 179

47 Overview of Member Statesrsquo memberships 185

48 Member States profiles 190

49 Interview Reports 239

410 Common Communication Protocol sample scenarios 251

411 Consolidated responses of Member States to questionnaire 3 255

412 Consolidated responses from questionnaire nr 3 265

413 Reference and applicable documents 266

414 Terminology 270

6 copy European Union 2014

List of Figures

Figure 1 Summary of functionalities per suggested approach 12

Figure 2 On-line availability 27

Figure 3 Titles vs Deeds in Member States 29

Figure 4 Data availability in Member States 30

Figure 5 Parameters availability in Member States 31

Figure 6 Searches capabilities 31

Figure 7 Available searches in Member States 32

Figure 8 Access to users from other EU Member States 34

Figure 9 Access fee 35

Figure 10 Payment method 36

Figure 11 Member Statesrsquo willingness to participate in the pilot 37

Figure 12 Example of declaration of legitimate interest 49

Figure 13 Implementation process 54

Figure 14 Portal search links 57

Figure 15 Example from the EnglandWales website 58

Figure 16 Alternative 1 Architecture Overview 81

Figure 17 Alternative 2 Architecture Overview 87

Figure 18 EULIS as-is overview 88

Figure 19 Alternative 3 Architecture Overview 90

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1 94

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1 95

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1 96

Figure 23 Work packages and deliverables of alternative 2 100

Figure 24 Work packages and deliverables of alternative 3 102

Figure 25 Proposed LRI implementation roadmap 106

Figure 26 Logical payment solution overview 122

Figure 27 Summary of data analysis 151

Figure 28 Scenario I Overview 252

Figure 29 Scenario II Overview 254

7 copy European Union 2014

List of Tables

Table 1 Member States selected for interviews or visits (criteria) 21

Table 2 Architecture significant requirements 65

Table 3 Architecture constraints 66

Table 4 General architectural findings and recommendations 68

Table 5 Key concepts of alternative 1 architecture overview 85

Table 6 Key concepts of alternative 2 architecture overview 87

Table 7 Key concepts of alternative 3 architecture overview 91

Table 8 Effort estimates in man-months for the implementation of Alternative 1 99

Table 9 Effort estimates in man-months for the implementation of Alternative 2 101

Table 10 Effort estimates in man-months for the implementation of Alternative 3 104

Table 11 Strengths and weaknesses summarisation for all alternatives 110

Table 12 Volumetric estimations 112

Table 13 Key findings 119

Table 14 Solution requirements 121

Table 15 Key concepts of the payment solution design 125

Table 16 Mapping key concepts to solution 1 127

Table 17 Mapping key concepts to solution 2 129

Table 18 Strengths and weaknesses comparison 133

Table 19 List of National land registers 144

Table 20 Titles and deeds systems 146

Table 21 Parcel address and ID 159

Table 22 Property coordinates and map 165

Table 23 Ownership 169

Table 24 Known encumbrance 173

Table 25 Purchase price 177

Table 26 Member States Registers language 179

Table 27 Registers usage costs 185

Table 28 Member State membership 189

Table 29 Consolidated view of payment instruments and volumes per Member State

265

8

Executive summary

Context and scope

The EU Member states have developed property registration systems generally known as

lsquoLand Registersrsquo as from the beginning of the 19th

century The majority of systems are

based on title registration granting the owner with a valid property title In a minority of

cases a deed registration system maintains a chain of authentic documents property

evidence results from that chain The two forms of registration are sometimes combined

Due to technical evolution and administrative simplification some Member States manage

their land registers together with the cadastre New technologies have been applied to both

land registers and cadastre paper files were migrated to computers documents were

scanned allowing for a central storage of digital copies and new lsquoterritorial informationrsquo

such as electronic pictures or multi-layered maps were added Property related

information has however diverse origins and thus different legal value throughout the EU

for example a snapshot picture or a map could not serve as property title evidence but

will be precious for assessing the possible economic value of this property

The quality of justice requires efficient and rapid access to legal information that citizens

and justice professionals need to know This includes obtaining when necessary reliable

information on property rights of citizens and enterprises and verifying whether the

registration of these rights is valid for example prior purchasing or selling a property

Public authorities and professionals including notaries geometers lawyers and credit

institutions need to have access to land registers across Europe

In order to examine different ways of providing cross-border access to land data the

European Commission (EC) DG Justice (DG JUST) has contracted the iLICONN

consortium1 to conduct the present feasibility study

2 that should inform a decision on

whether or not a Land Registers Interconnection (LRI) will be developed for inclusion in

the European e-Justice Portal (hereinafter the Portal or lsquoEJPrsquo)3

lsquoLand Registerrsquo (LR) is used in its broadest meaning a national (or regional if no national

file exists) electronic information source providing access to relevant land property data

lsquoInterconnectionrsquo means searching and obtaining such land data from registers managed

by participating Member States

1 The iLICONN consortium was formed by Unisys Belgium (leader) Intrasoft international Ltd and

Bilbomatica Ltd 2 As a feasibility study the scope of the present report does not include any new assessment of the need for

LRI (for example resulting from existing or proposed EU legal instruments) the implementation of LRI was

decided by Member States and by EU authorities as part of the e-Justice action plan 3 Available at httpse-justiceeuropaeu

9

The study has three main parts

The business part analyses land register specificities in the 28 Member States and

proposes a potential way forward for a possible LRI

The technical part provides an overview of potential architecture solutions for such an

interconnection

The last part explores possibilities for handling payments when a fee is introduced for

accessing data

The three parts are summarised hereafter It is worth noting that according to the study

findings functionalities similar to the ones needed for a possible LRI could be reused in

other projects managed by the European Commission such as a common payment system

or an authorisation system which takes professional capacity certification into account

Business Analysis

State of Play

In order to obtain an overview of the state of play information on national land registers

and their organisation was collected and updated Apart from national authorities a

number of international actors (ELRA EULIS PCC EuroGeographics CLGE) were

identified and relevant developments were described

The analysis highlighted the fragmentation of land data sources It showed that different

systems may co-exist in one Member State Also the analysis revealed that land data

could be distributed across lsquoproperty rights oriented systemsrsquo and lsquoland description

oriented systemsrsquo (cadastre) or that several registers may exist depending on

regionalfederal or administrative fragmentation

Several key findings were drawn from the lsquostate of playrsquo analysis

Two types of property registration systems exist the lsquodeed recording systemrsquo

based on the record of relevant authentic documents and the lsquotitle registration

systemrsquo enabling the provision of evidence regarding property titles A majority of

Member States (17) have a title system or both systems (when they migrated from

a previous deed system) while a minority (11) has a deed system only

Nearly all systems (except one) are digitalised and the majority (23) may be

accessed on-line

4 land property data categories were considered as the most useful for searching

information and 7 were considered as the most useful information to receive in a

response 67 of existing systems are ready for accepting these queries and 81

of them could already provide such information

In most Member States on-line access to land data require user registration

Most systems (22) require some payment to be handled by cards or performed in a

form of prepayment or subscription

Considering the commonalities 52 of Member States volunteer to participate to

a pilot project introducing a first phase of LRI Others are open to discussion or

wish to delay their participation

10

Business Requirements

A one-stop-shop (the Portal as a single European address) a common query form

(available in the language selected by the portal user) and a minimal set of

common query fields are the most immediate benefits (and requirements) of a

common LRI platform

Standard user authentication would be a key advantage in such a platform in the

first phase for handling payments according to interoperable methods and for

obtaining global invoices related to the use of the LRI service

When required the query form must be complemented by a declaration of

legitimate interest (multiple choice pre-filled forms complemented by relevant

information about the user)

Once the query is forwarded to the relevant point of contact in Member States the

way of processing the query will remain dependent on each system on-line when

possible or asynchronous answers sent by mail (e-mail) when the answer or the

certificate must be checkedvalidated by the relevant administration

Before submitting the query and when receiving the answer the user must receive

detailed informationdisclaimers on the legal value and possible use of data

The property data needs to be complemented when available by lsquoland

descriptiveterritorial informationrsquo which is useful for determining the interest or

economic value of a property The previous experience gained from the EULIS

project has proved that having an LRI that is augmented by information on the

boundaries of a parcel of land is a need expressed by citizens and professionals

Translation must be as complete as possible (however compatible with possible

liability and technical possibilities) It could be proposed as an option (imposing a

certain fee)

The LRI platform must ultimately facilitate authentication of administration and

professional users across the EU for determining specific access rights

Way Forward

The possible way forward includes two phases which according to the e-Justice strategy

Member States will be able to follow on a voluntary basis

Phase 1 could be introduced by a pilot project (with a limited number of Member States)

and would be extended to other Member States as soon the solution is developed

implemented and tested successfully No issue related to personal data protection should

arise in this respect Phase 1 would address the following questions

Solving the legal diversity by preparing standard clarification about the legal value

and possible use of provided data

Reducing language issues by translating fixed labels proposing multiple choice

pre-filled forms (eg for reporting a legitimate interest) and standard disclaimers as

well as by implementing a glossary

Implementing a uniform registration process (targeted to all users without

providing specific access rights)

Building a common search form complemented with optional fields and a

declaration of legitimate interest

Providing standard and uniform paymentinvoicing facilities

11

Phase 2 would include a progressive assignment of specific access rights to professional

users including members of other Member Statesrsquo administrations The process would

depend on the possibility to interconnect with national authorities entitled to certify such

professional use Phase 2 would also be focused on migrating when possible from

asynchronous answers to on-line answers reducing the administrative burden and costs of

human intervention

As an alternative those Member States that are not ready at this stage to participate in the

LRI platform could improve the delivery of land register information by implementing

(from their own page on the Portal) a direct link to their system and proposing a standard

query form (at least in English) as well as an optional translation service (for a certain

fee)

The disadvantages of such an alternative approach would be

No common user registration (users must process registration in each Member

State meaning that an additional registration form should be provided)

No common platform to present on-line results each Member State must translate

its own interface or send the answer in an asynchronous way

Translation issues are not facilitated globally (with a common platformglossary)

No interoperable payment systemprepayment on a common virtual

bankglobalisation of invoices would be available

No interoperable evolution towards Phase 2 would be possible (interconnecting all

relevant certification authorities for assigning rights to professional users)

The following figure provides a summary of the different functionalities pre-supposed by

the suggested approach

Current EULIS

Registration ndash making it possible for users to get registered (simple

registration evolution of the current one ndash target use of the

payment system)

Present but at

each LR level

Improvement of static information ndash all interconnected registers

have to clarify what information should be provided to users and

what the legal value of the information is

Present but there

is room for

improvement

Search ndash the core use case of the system responsible for the

execution of searches display of relevant disclaimers information

about land data cost of the search(es) and the final response(s) The

search form must be complemented by the declaration of legitimate

interest when requested

Lack of standard

presentation

form including

all requirements

Translation of all fixed fields titles labels multiple choice pre-

filled forms legal value of information ndash in search and response

forms

Present if

implemented

nationally only

Glossary ndash a multilingual taxonomy or LR terminology and

highlighting lsquoglossary termsrsquo in portal information

Limited

coverage ndash to be

taken over and

Phase 1 (and pilot)

12

improved

Payment ndash allowing submitting payment (pre-paidsubscription or

post-paid) and maintaining for each user its payment

historyaccountinginvoices

National

payments used

Disclaimersrsquo management ndash enabling the management of

disclaimers information about land data and their translation into

all EU languages

Present in

English only

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisations to certify users according to their profession (building a

lsquocircle of trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs

Access management ndash allowing Member States to authorise access to the LR data

based on the requestorrsquos profession

Provision of at least the information on lsquohow and where to submit a queryrsquo on national

(Member Statesrsquo) pages of the Portal

Provision of a basic query form (and a registration form when applicable) in English in

addition to the national language(s)

Validation of the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line the

answer being provided after some time (needed for checking conditionsverification

etc) Figure 1 Summary of functionalities per suggested approach

Architecture overview

Three main alternatives were analysed

Portal develops its own solution

Portal interconnects EULIS and Member State registers

Portal integrates and extends the EULIS platform

Each of these options is described further below

Portal develops its own solution

The total effort required to build and deploy this solution in man-months has been

estimated to be 68 for DG Justice and 6 for each participating Member State

Phase 2

Alternative improving the Portal information

13

Strengths

Complete functional capabilities due to the fact that alternative 1 has been

designed whilst keeping in mind the wide scope of LRI it offers the most complete

set of functionalities allowing flexible search queries to one or more participants

integrating dynamic authorisation schemes provision of responses to search results

and facilitating direct payments from LRI end users to LRI participants

High degree of flexibility The proposed solution for alternative 1 has been

designed so that several aspects which are difficult to address immediately or may

change in the future are abstracted Doing so allows adding further capabilities

(such as certifying professionals using a service provided by a competent

authority)

Potential for expansion The design of the solution allows future expansions as the

information exchanged between LRI participants and the EJP is formally

structured and may be further processed or enhanced according to business needs

An example of this potential is the automatic translation of labels and pre-defined

terms A further development that would leverage existing EJP facilities could be

the complete translation of the information exchanged using machine or manual

translation

Weaknesses

Effort required Evidently this alternative requires more effort than integrating

and re-using EULIS (see also Alternative 3) in order to be analysed and deployed

Previous investment underutilised Given that in Alternative 1 EULIS is not

utilised the investment already made by Member States integrated in this platform

will be underutilised

High complexity The findings of this feasibility study although not detailed to the

level of enabling the immediate production of an actual LRI system have shown

that a variety of subjects (such as the certification of professional capacity) may

prove to be much more difficult than anticipated in terms of analysis as well as

implementation Thus the effort estimated for implementing alternative 1 may

change depending on the findings of further analysis

Portal interconnects EULIS portal and Member State registers

The total effort required to build and deploy this solution in man-months has been

estimated to be 78 for DG Justice and 7 for each participating Member State

Strengths

Combined benefits A close observation of the strengths and weaknesses of

alternatives 1 and 3 shows that they are essentially opposites as the strengths of

one solution are effectively the weaknesses of the other Thus given that this

alternative is designed as a combination of alternatives 1 and 3 it combines their

strengths and manages to diminish some of their weaknesses especially the ones

related to the business and functional capabilities as well as the underutilisation of

the investment already made by Member States in EULIS

Weaknesses

14

Effort required As shown already in the effort estimates presented in this

document (see also alternative 1 and alternative 3 effort estimations) this

alternative requires the highest effort requirement for to roll-out

High complexity Although technically possible the integration of the two

different interconnection approaches may in the future impose constraints in the

overall LRI service provided by the EJP This is true currently since some of the

functionalities offered by the proposed LRI standard cannot be supported by the

EULIS platform without revising it Furthermore DG JUST will have to maintain

two separate service lines as the maturation of the proposed LRI standard may

bring additional services which further diverge from the current EULIS proposal or

it may be the case that further developments in the EULIS platform impose new or

revise existing requirements for integrating it with EJP

Portal integrates and extends the EULIS platform

The total effort required to build and deploy this solution in man-months has been

estimated to be 49 for DG Justice and 11 for each participating Member State

Strengths

Less effort required Evidently when compared with alternatives 1 and 2

following this approach requires less effort for analysis and development

Faster initial roll-out due to the fact that EULIS is already deployed and there are

already Member States participating in the interconnection it is expected that the

initial roll-out of alternative 3 should require less time than the other two

alternatives

Technology portfolio The components used to implement EULIS are conformant

with the technological landscape identified from the responses of the majority of

Member States (14) provided in Questionnaire n3

Weaknesses

Authentication model The current authentication model employed by EULIS is

based on the fact that a Land Register is capable of authenticating its own users

However this hypothesis is not valid for all Land Registers Eventually the

authentication model employed by EULIS will have to be revised in order to

approach the one proposed in alternative 1 so as to be able to scale on a pan-

European level hence requiring additional effort for developing this solution in the

long term

Fewer capabilities by its definition the model employed in EULIS imposes

certain restrictions on the capabilities that can be developed without altering the

platform to the point that it starts resembling alternative 1 For example the

certification of an end userrsquos professional capacity is not supported thus Land

Registers that require such a certification for providing basic or enhanced

information services will not be able to provide them

Asynchronous calls are not supported By definition search queries in EULIS are

executed in near-real time This constraint makes difficult the participation of off-

line registers and imposes an increase in the technical availability the LRI EULIS

peers

15

Handling Payments

The feasibility study has shown that

Member States employ a variety of payment models according to the type of user

The LRI solution should not change drastically the current way of payment and

impose minimal (if any) restrictions on supported payment models

The LRI solution should support at least Credit Transfer and Direct Debit as these

are the most popular payment instruments Given the new developments (most

Member States are currently in the process of changing their approach on payment

systems) it is also advisable to include cards as a payment instrument (straight-

through processing) but as far as possible to phase-out the cheque and cash

payments

The solution should support current international standards and provide a multi-

lingual interface

The solution should facilitate payments to multiple registers using a single

uniform process

Three options are proposed

Using existing payment systems as currently implemented by each register This

looks lsquosimplersquo and lsquolow costrsquo to develop but in most cases the Portal users will not

be able to group services from multiple registers (in a single shopping basket) and

a single payment for all queries will not be possible Therefore it will be complex

for users

The lsquoMutual trust modelrsquo similar to the service offered in the EULIS platform

(which does not provide a payment system in itself but rather an accounting system

facilitating payments) The user will have to establish an account with a competent

authority and has various options

a Pay a monthly fee which allows to the user unlimited LRI access

b Pre-pay an amount which is used as credit for LRI consultations

c Pay nothing upfront but receive periodic bill for LRI consultations the user

has performed

This approach however bears certain difficulties mainly on its organisation and

set-up and subsequently on the technical level as it is required to identify one or

more organisations that can act as lsquocompetent authorityrsquo (ie be within its mandate

to accept payments or be billed for services performed by its accredited users) and

has the technical capacity to perform the task at hand

The central payment services provider which will handle complex transactions

across multiple accounts (Land Registers end users and other stakeholders like

the certification authorities) based on real use and using a common process Such

a service is expected to be provided by an external entity (providing the Payment

Services Platform) which will require compensation for the service offered The

way this solution is expected to work can be summarised as follows

a The user is presented with an invoice and payment options The invoice is

detailed and composed of information provided by multiple Land

Registers

16

b The money is initially transferred into a single bank account

c The payment system breaks down the amount received into small

transactions to each Land Register according to the price requested by

them for the services provided and in a pre-determined time frame (eg

once per month) each Land Registers receive payment for the exact

services they provide

17

1 Part I Business Analysis Report

11 Introduction

According to Articles 4 and 67 of the Treaty of the Functioning of the European Union

(TFEU)4 the European Union (EU) and the Member States have a shared competence for

the implementation of a common area of freedom security and justice (Art 4 and 67

TFEU) The quality of justice includes that justice professionals as well as other users

having a legitimate interest have access to the needed land data in other EU Member

States as well as in their home State Such interest may be illustrated by the need to check

if their own property is correctly registered determine succession rights establish

guarantees on properties abroad or execute court decisions

In order to examine different ways of providing cross-border access to land data the

European Commission DG Justice has contracted the iLICONN consortium to conduct the

present feasibility study that should inform a decision on whether or not a Land Registers

Interconnection will be developed for inclusion in the European e-Justice Portal

The study has four main tasks

Business part which provides analysis of core land data specificities in the 28

Member States of the EU in order to propose possible ways towards a more

consolidated approach for cross-border interconnection

Technical analysis aimed at examining the potential architectural solutions for

achieving the interconnection

Proposal for handling payment which investigates the possibilities for online

payments and looks into ways on how this should be implemented

Collection of business data for the definition of common templates for land data

excerpts

Part I of this report addresses the business part of the study The outcome of other study

parts (II ndash Technical alternatives and III ndash Proposals for handling payments ) were written

as separated reports but are summarised (in the Executive summary) and presented further

(in part II and III) in this feasibility study

4 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European

Community signed at Lisbon 13 December 2007 [OJ C 306 17122007 p1]

18

111 Background

1111 European e-Justice Portal

The decision to create a European e-Justice Portal was taken by the EU Member States at

the Council of the EU in June 2007 As reported in the e-Justice action plan5 the JHA

Council decided that work should be carried out with a view to developing at European

level the use of information and communication technologies (ICT) in the field of justice

particularly by creating a European portal

The e-Justice action plan has placed the European Commission in charge of creating the

technical web platform to allow the operational functioning of the Portal The platform

was set up and became operational as from 2009

The European e-Justice Portal could be defined as an electronic lsquotechnical platformrsquo and is

thus conceived as a future electronic one-stop-shop in the area of justice

The information pages of the Portal are open to everyone enabling anonymous visitors to

access read and when needed download Portal pages documents and forms However

the JHA Council has stated from the beginning that some of the Portalrsquos functionalities or

services should be reserved to authenticated users and to justice professionals As stated in

recital 32 of the action plan the Portal lsquowill permit by means of a uniform authentication

procedure to open up for members of the legal professions the various functionalities

reserved for them to which they will have differentiated access rights It should be

advisable to provide for such a possibility for authentication for non-professionals alsorsquo

The Portal is a work in progress In its initial phase it provided information on both the

EU and the national legal frameworks In a future phase it will allow for more interactions

and services to be used in the field of justice such as providing access to business

registers helping to find a lawyer or facilitating the set-up of trans-border video

conferences

1112 Land registers in Europe ndash a fragmented picture

In Europe two types of property registration systems were developed First the systems

with the double purpose of securing data with regard to the ownership of properties were

created which represents the interest of the owner and the potential buyer ndash thus all

citizens and justice in general Secondly the registration systems establishing a cadastre of

real estate tax payers were implemented for the benefit of the countryrsquos finances The

separation between these two approaches is however not always clear cut In addition due

to technological advancement land register information is now often complemented with

territorial information maps indication related to the type of land environmental

constraints plans related to possible future developments and actual pictures Such

5 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501) [OJ C 75 31032009 p 1]

19

territorial information does not have the same legal value before entering into a real estate

transaction or assessment (ie purchasing a property will management divorce etc)

Due to large cultural diversity and different legal traditions the methods of property title

registration differ considerably between groups of countries A first group of registers

could be called lsquoregisters of documentsrsquo (deed recording systems) The method is based

on the principle that unpublished or private documents cannot serve as evidence against

published or lsquoauthenticrsquo documents Those registers do not provide direct evidence of who

is the holder of a right but they keep trace of the chain of relevant documents and grant

priority to some documents above others This group includes civil law states such as

France (except some territories which acquired German influence) Belgium

Luxembourg Italy (except the autonomous province of Trento) and Romania

Another group of countries developed property registration systems (title registration

systems) According to this method a valid title for the acquisition of property is issued

provided that it is acquired in good faith These are registries of property rights (or titles)

This group comprises countries which follow the German law tradition Germany

Switzerland Poland Slovenia Austria Spain Portugal or Slovakia

It must be noted that with some specific common law particularities the registries of

England Scotland Ireland and Northern Ireland have also moved from previously used

deed systems to title registration systems

Against this background of diversity it is vital to ensure that the legal value of any cross-

border land register excerpt is clearly communicated Therefore each element of an

excerpt cannot be extracted and presented out of its jurisdictional context It must be

complemented by supporting information that guides the reader to understanding the legal

value the possible uses and the meaning of the communicated information

112 Study objectives

The main study objective is to provide a comprehensive analysis of the organisation and

content of land data in 28 EU Member States

The analysis should result in suggestions for possible ways to interconnect the land

registers in the scope of the e-Justice Portal The study should consider the results of the

previous studies and projects in the field More specifically the study should identify

National registers that contain land information their organisation within Member

States and their readiness for the interconnection (level of digitalisation and on-line

integration etc)

Potential implications due to the use of different registration systems (title v deed)

language payment methods the nature and structure of data including the

availability of searches

Relevant data protection rules and procedures that govern updating the land

information

Other elements that will have an impact on the proposed technical solution

20

The main output of the study is the present business analysis report which concludes with

suggesting a possible way forward for establishing cross-border access to land

information

113 Understanding of lsquoLand Register interconnectionrsquo

In the framework of this feasibility study the term lsquoLand Registerrsquo is used in its broadest

meaning a national (or regional if no national file exists) electronic information source

(file or lsquosystemrsquo) providing access to relevant land data Depending on the Member Statersquos

organisation the system could be legally categorised as lsquoLand Registerrsquo of property titles

or as a deeds system In some countries the system is known as lsquoCadastrersquo or maintained

by the cadastre it reports property information combined with information such as maps

country planning or environment

The lsquorelevant land datarsquo means the land parcel address property coordinates property ID

when available parcel ID in other cases owner parcel map encumbrances and price of

acquisition This subset of data (or most of it) is generally considered as minimum

information (taking into account that other data may be stored in addition to the above or

considered at later stage)

lsquoInterconnectionrsquo means that the study will assess whether when and according to which

conditions through the e-Justice Portal some users could be authorised to search and

access (view only and when possible obtain some documented evidence) relevant land

data from registers managed by participating Member States

114 Methodology and approach

The methodology used to conduct the business analysis included several steps which are

outlined further below

1141 Desktop research

This method included the review of the previous studies projects and other relevant

documentation in the field of cross-border access to land register information During this

phase the overview of relevant actors was prepared which allowed identifying the

stakeholders to be contacted in the course of the study

1142 Use of Questionnaires

This step consisted of collecting relevant information via study questionnaires from

stakeholders in 28 EU Member States Initial meetings with the European Land Registers

Association (ELRA) the European Land Information Service (EULIS) and the European

Location Framework (ELF) were organised these organisations provided input for the

preparation of questions Three questionnaires were disseminated to each of the Member

States via e-mail

Questionnaire 1 Identification ndash aimed at investigating the land registersrsquo organisational

structure as well as identifying the contact points for the relevant authorities The

questionnaire was distributed when using the initial list formed from contacts acquired

through DG Justice the European Land Registry Network (ELRN) and the EULIS

21

projects supplemented by the information provided by ELRA and the Permanent

Committee on Cadastre in EU (PCC)

Questionnaire 2 Business ndash had the objective of gathering information on land data

specificities in the 28 EU Member States in order to collect the requested elements of the

business analysis Amongst others questions on data completeness and availability of

searches legal value of information and payment methods were asked

Questionnaire 3 Technical ndash aimed at investigating the technological landscape and land

register capabilities across the EU The questions targeted the audience regarding possible

approaches with regard to the Land Registers Interconnection and potential candidate

platforms for performing on-line payments

Consolidated answers to Questionnaires 1 2 and 3 can be found in Section 2

1143 Visits and interviews

Following the receipt of responses to the Questionnaires several Member States were

chosen for conducting interviews The below table presents the selection criteria for

choosing Member States for interviews

Criteria EE ES FR IT SE NL

Large amount of properties

possessed by nationals from other

EU Member states

X X X

Expected issues X6 X

7

Collaboration with EULIS X X X

Implementation of payment system X X X X

Implementation of web-services X X

Presence of registration X X X

Table 1 Member States selected for interviews or visits (criteria)

The results of the interviews are aggregated with written answers in the Annexes8

6 Digitised system that requires human intervention 7 In France there are 354 property registers with no interaction between them Moreover there is no Internet

portal that allows public to consult these registers 8 Interviews reports have been annexed to this report

22

1144 Expert meeting

In the course of the study the European Commission DG Justice invited experts from EU

Member States to a discussion on the possible LRI on 19 May 2014 at the European

Commission Conference Centre in Brussels9 During the meeting the attendees were

invited to provide their input on the initial findings of the study

1145 Business analysis report

The analysis of the information collected during the study which included the initial

inventory of work answers to the Questionnaires feedback received during the on-line

interviews with the selected Member States and expert meeting as well as discussions with

relevant actors resulted in the present comprehensive business analysis report

9 ILICON consortium (2014) Land Registers Interconnection Minutes of Meeting General Justice 1st Sub-

Group Meeting 19th May 2014

23

12 State of Play

121 Relevant Actors

A number of key actors in the field of land data registration have been identified in the

course of the study Apart from the national authorities the overview of which is

presented in Section 1231 several European organisations are active in different areas

related to land registration and cadastre

European Land Registers Association (ELRA) is an association composed of

30 organisations representing the land registries of 22 EU Member States Its

mission is the development and understanding of the role of land registration in

real property and capital markets ELRA seeks to underline the significance of

Land Registries in Europe as juridical institutions and the scope of the effects of

registration pronouncements as a key tool for progress in the field of property

European Land Information Service (EULIS) is a European Economic Interest

Grouping (EEIG) governed by members each responsible for land and property

information in its own country or region It owns a service that provides easy

access to land and property information for professional customers in Europe It

is also a hub of information where one can find out about different land

registration conditions in each country EULISrsquo long-term mission is to underpin

a single European property market through cross border lending

Permanent Committee on Cadastre in European Union (PCC) is an

organisation that joins together the Cadastral Institutions of the EU Member

States The PCC mission is to promote the awareness of the activities related to

cadastre and to develop strategies with the aim of achieving better coordination

among the different European cadastral systems

EuroGeographics is a non-profit association consisting of the European

cadastre land registry and national mapping authorities It brings together 59

members from 47 countries across Europe Its mission is to further develop the

European Spatial Data Infrastructure through collaboration in the area of

geographical information The vision of the EuroGeographics is to achieve

lsquointeroperabilityrsquo of our Membersrsquo national land and geographic information

assets in order to provide Europe with an information asset that will support

its goal to become the most competitive and sustainable economy in the world

The Council of European Geodetic Surveyors (CLGE) is the leading

organisation representing the geodetic surveying profession in Europe It is

present in 35 European countries including the 28 EU Member States CLGE

promotes the interests of the profession in the EU and fosters its development in

the Council of European countries

All of the above organisations signed an agreement lsquoCommon Visionrsquo for cooperation on

cadastre and land registry issues10

10 EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo for cooperation

on cadastre and land registry issues

24

122 Recent developments

In the past years significant developments took place in the area of land registers

cadastres land data sharing and common standards These are briefly presented further

below

1221 ELRN IMOLA and CROBECO projects

The previously described ELRA association is the leader of three important projects in the

area of land data

The European Land Registers Network (ELRN) is composed of 22 ELRA

members from 19 EU Member States Each organisation appoints a land registry

officer expert in property rights and land registration as its contact point for the

Network The contact points will have the task to advise EU authorities judges

notaries and other legal professionals about how to draft documents in a way that

complies with local land registration law

The Interoperability MOdel for LAndregisters (IMOLA) project was launched

with the purpose of increasing the accessibility and transparency of land registry

information and to facilitate the registration of cross-border documents More

specifically the project aims at establishing a standard means of access to land

registry information creating a standard template for the presentation of land

registry information as well as providing support and training to Land Registrars

and others

The CROss Border Electronic COnveyancing (CROBECO) project aims to set

up a framework governing a conveyancing process for foreign buyers of real

estate The framework for such a process is described in a Cross Border

Conveyancing Reference Framework (CCRF) In the long term the CCRF could

be developed as a basis for optional generic European digital conveyancing rules

A follow-up project aims to implement the tools proposed in the CCRF

1222 EULIS LINE project

As mentioned before EULIS is an EEIG owning a platform (hardware software) which

provides online access to land and property information across Europe to meet the needs

of professional users - lenders conveyancers and other professional groups EULIS

members are divided into two groups

Members with full live service Austria Ireland Lithuania Netherlands Sweden

and Spain (6 countries that are all EU Member States)11

Members that are not or partly connected or that support the EULIS initiative and

have indicated that when conditions are more favourable they will connect Czech

Republic England and Wales Finland Macedonia and Scotland (5 regions or

countries noting that some are not EU Member States)

11 EULIS (2013) EULIS country table state of play November 2013 (Country table state of play update

Nov 2013xls)

25

This service is restricted to registered users which are professional users Such users log

in via their national registers and after being redirected back to the EULIS web site they

can search separately in any of the interconnected land registers A common search

interface is prepared but not yet available Where national registers impose payment this

is handled by EULIS by forwarding information on the transaction costs to the users

national provider who is responsible for charging the user and compensating the remote

national register Additionally EULIS provides free access to certain type of information

such as on legal concepts registration effects of real property conveyance and mortgaging

or contact details of authorities involved in the real property transactions

EULIS plays a crucial role with regard to the possible LRI since the project constitutes the

first successful example of cross-border exchange of land data Any LRI should thus build

on the business and technical experience gained from EULIS as well as the Land

INformation for Europe (LINE) project

The LINE project is the follow-up development of EULIS in the period of 2010-2012

LINE delivered the next generation of EULIS 20 platform offering to new land registry

organisations a possibility to easily and cost-effectively connect and share services across

Europe The main improvements of EULIS 20 include

Change in the architecture (the decision to apply SOA)

Move towards open source software platform

Opening up the service for public users to make certain search requests on land

properties

1223 INSPIRE Directive and related networks

An important development in the field of spatial data infrastructure is the Directive

establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)12

The main goal of this initiative was to create a European Union spatial data

infrastructure which will enable the sharing of environmental spatial information among

public sector organisations across Europe The INSPIRE Directive came into force on 15

May 2007 and is currently undergoing implementation with full implementation required

by 2019 Various instruments have been set up in Member States in order to meet the

roadmap deadlines and to manage the work required to develop an infrastructure that is

both INSPIRE Directive compliant and effective13

However even though substantial

advances have been made since the transposition of the Directive into national legislation

there are still considerable gaps between countries and some barriers and uncertainties

exists with regard to overlapping competences and roles and duties to be undertaken14

It is assumed that INSPIRE could be re-used by the Land Registers Interconnection

solution in the scope of the exchange of the spatial data

12 Directive 20072EC establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE) [OJ L108 14032007 p 1]

See also httpinspirejrceceuropaeu 13 See httpwwwenvironieenDevelopmentHousingPlanningDevelopmentINSPIREDirective 14 See httpinspireeceuropaeureportscountry_reports_mr2012IT-INSPIRE-Report-EN-TRA-

0_DOCpdf

26

Two networks need a special mention in this context as their development is related to the

principles laid out in the Inspire Directive They are both led by the above described

EuroGeographics association

The Cadastre and Land Registry Knowledge Exchange Network (CadampLR

KEN) aims at helping its members to meet usersrsquo needs with regard to cadastral

information at both national and European level The network produced a number

of relevant documents considered in the context of present study Cadastre

iNSPIREd Report15

Cadastre and Land Registry Information Resource16

Cadastre and Land Registry Information Resource 217

Role of the cadastral

parcel in INSPIRE and SDI18

The INSPIRE Knowledge Exchange Network (INSPIRE KEN) is the group

established following the development of the INSPIRE Directive19

Its purpose is

to allow experts to share their experiences on the implementation of the INSPIRE

Directive

In addition to the knowledge exchange networks EuroGeographics association is leading

the European Location Framework (ELF) project which aims at delivering a pan-

European cloud platform and web services for building on the existing work of the

INSPIRE Directive The project brings together 30 participating companies including

national and regional mapping and cadastral agencies software developers application

providers as well as research and academia The project co-funded by the European

Commission was launched in March 2013 and will run for three years

Another spatial data related project led by PCC is the Cadastral Information System as

a resource for the EU policies which provides a set of documentation containing an

overview of the cadastral systems of the EU Member States20

The above overview included developments in the area of land data registration which are

of most relevance when analysing the possible solution for LRI Apart from the projects

listed above however other interesting information sources were identified in the course

of this study The full list of these sources of information can be found in Section 47 of

the report

15 EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011 16 EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March 2008 17 EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July 2010 18 EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007 19 EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5) 20 PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART I (AT BE CZ DE IT SK ES

SE)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART IV (CY FI GR HU PL SI)

27

123 Land Data Specificities in EU Member States

The present section contains an overview of the organisation and content of existing land

registers as reported by Member States Information received during the meetings with

other stakeholders such as EULIS and ELRA is also included as an additional input

For detailed information about national registers and their organisation please refer to

Section 2 of the report

1231 National establishments for land data registration

In the course of the study a high number of specific establishments for registering land

data were identified across the EU It was also found that their distribution per Member

States differs significantly due to registers established at regional level (out of 436 offices

355 of them are located in one Member State in some cases with no consolidation at the

level of a central registers) They include land registers cadastres address registers and

other types of registers In some cases the dual function of land register and cadastre is

embedded into the national registers that are known to perform multiple generic tasks In

addition registers with specific purpose have been reported by Member States created in

accordance to distinct national provisions (eg a purchase price register property tax id

register register of agricultural charges register of sasines or a crofting register)

Depending on how the land data registration is organised in a specific Member State

different national authorities are responsible for the financing and maintenance of

registers The examples are the Ministry of Justice the State Department responsible for

land registration the Geodesy and Cartography agency local courts or the Ministry of

Environment

1232 On-line availability and level of digitisation

The feedback received from the national experts revealed that the vast majority of

Member States provide on-line access21

at least on some subset of data as illustrated in

Figure 2

Figure 2 On-line availability

21 On-line information is considered as data available on Internet

23

5

On-line

Off-line

28

Across each Member State there is at least one land register with fully digitised data

Within a very few Member States the information is not fully digitised However they are

currently consolidating efforts in achieving this objective Thus electronic access exists

today at least for the internal needs of national administrations when registers are not on-

line for external users Therefore the land register digitisation picture in Europe is close to

10022

However the whole land register history and all properties are not always fully

covered mainly because electronic registration started around or after year 2000 in a

number of countries and it was not always possible and reasonable to provide the effort to

digitalise the old historical backlog Access to electronic registers is mainly depending on

policy decisions (each LR authority checking that no legal barrier exists) and on technical

capacities In some cases the register is maintained off-line meaning that the LR

authorities only have access to it In other cases some on-line access is implemented

either to the register or to a specific subset of information extracted from the register for

the general public or for specific categories of professional users like notaries or

geometers

The study revealed that nearly all Member States with electronic off-line or paper based

registers would answer requests from users from other Member States if these are sent

electronically via a standard form in case the register is off-line for external users the

relevant authority would provide an answer by mail (asynchronous way)

When currently proposed by land registers the existing available query forms are written

in the language of the country owning the register (in the case LRI would be based on a

commoninteroperable data structure this should not be necessary anymore)

After the request is received the answer - where not provided on-line - is manually

retrieved by the registrar from an off-line or paper based system and then submitted in a

response to the original request always in the language of the country owning the register

Currently only one Member State with an off-line register does not see the possibility to

provide asynchronous answers to future cross-border on-line requests

1233 Land register and cadastre

As reported on in section 112 two main forms of registering land information coexist in

Europe From a conceptual point of view they are seen as

The land register a public register of rights concerning real property where the

history of transactions (a chain of deeds forging together some evidence) or the

actual title of property itself is registered

22 SI started electronic registration only from 2011 only

In UK EampW only 83 is covered

In ES registration is on voluntary basis and they still keep paper books for the transitional period

MT started electronic registration in 1995 ndash previous records are paper based

In BE deeds are stored only from 2001 and only 50 is covered

In BG electronic registration started in 2009

Similarly EL ndash registration started in 2000

In PL 95

In IE 90

29

The cadastre a systematic description of the land units within an area (mostly

based on maps) and for each parcel providing a unique identification number

location boundaries and surface In addition it may provide information about

owners land classes values and land taxes

The previous experience gained from the EULIS project has proved that having an LRI

that is augmented by information on the boundaries of a parcel of land is a need expressed

by citizens and professionals To illustrate such a requirement it is important to state that

nearly half of the Member States have already integrated their land registers with cadastre

or provide a single interface enabling the communication between these systems The

Study specifications also confirm this need when stating that lsquothe term lsquoland registerrsquo is

used in its broadest meaning for the purposes of this study so a primary goal is to

indicate for each Member State exactly which national register(s) contain land

informationrsquo

Attention should be drawn however to the differences in the legal value of property data a

property title provides legal certainty whereas a picture or a map has no such legal value

(it is a piece of information subject to free appreciationinterpretation) Thus when

communicating information such as location boundaries surface map country planning

or environmental data careful consideration to its value should be given

1234 Title vs Deeds

As already previously mentioned different registration systems are used across Europe

title and deed systems While some Member States use only a deed or only a title system

other Member States use both From the results presented in Figure 3 it can be concluded

that the title systems prevails over the deed systems

The use of different systems in the Member States affects the possible interconnection as

it may lead to different data aggregation framing or presentation requirements it may also

result in difficulties to present a uniform result or offering a uniform search Such

constraints should thus be taken into account when designing the LRI solution

11

12

5

Titles

Titles and deeds

Deeds

Figure 3 Titles vs Deeds in Member States

30

1235 Data availability

After the initial analysis of the information provided by ELRN it was found that the land

data available in the national systems varies in terms of scope structure and format as

well as in the way it is presented and interpreted A minimal set of parameters based on

tests done on the EULIS platform and EULIS experience was considered by the study

team

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

The study highlighted that most registers may provide more than the seven considered

parameters

Figure 4 Data availability in Member States

In spite of the high degree of availability of the selected parameters their significance

should be carefully analysed For example the lsquoParcel IDrsquo can refer to cadastral data

(countries where the registry does not necessarily use the cadastral parcel as a basic unit)

however it can also refer to the national unique property identifier to the property

identification number in the local registry or to a land book identifier The lsquoParcel addressrsquo

data structure also varies in the Member States due to different national standards

Addresses are administered and managed differently in the Member States often by

different organisations and under different laws Although all national or local address

systems share similar concepts and general properties differences exist in formal and

informal standards rules schemas and data models ndash this issue is discussed in depth in the

INSPIRE Data Specification on Addresses23

In some Member States several possibilities

exist for defining the lsquoParcel addressrsquo within a country (eg only a place name used in

rural areas or different rules applicable for rural and urban areas24

)

23 INSPIRE D28I5 INSPIRE Data Specification on Addresses 24 Wikipedia httpenwikipediaorgwikiAddress_(geography)

19

81

Not available

Available

31

Figure 5 depicts the results of the analysis which reveals that commonalities and

intersections exist between data structure and their characteristics across the Member

States A number of registers contain many more parameters than this lsquominimal setrsquo

However as the set is available in a majority of Member States their availability in the

framework of LRI could be considered as a good starting point

Figure 5 Parameters availability in Member States

1236 Search capability

Due to the facts that the four main search fields are present in the majority of land

registers we may consider these four fields a good starting point to make a search form

While the form would be common for all registers specific fields could be shaded if not

used or available in a particular register As Figure 6 depicts 67 of the considered

parameters are ready to be searched in national registers

Figure 6 Searches capabilities

0 4 8 12 16 20 24 28

Purchase price

Encumbrances

Map

Coordinates

Owner

Parcel ID

Parcel address

16 27

28

22

27

26

25

Data Availability

33

67

Not available

Available

32

Figure 7 presents the number of Member States having the available search parameters

Figure 7 Available searches in Member States

It appears that the search by property or parcel ID is the most popular search type

available across the Member States Search by parcel address is available in more than

half of them Some do not offer or apply specific conditions when a search on owner data

is requested

Nearly all Member States share one common search parameter (by lsquoproperty IDrsquo but this

field is variously interpreted) half share two parameters (by lsquoowner namersquo and by

lsquoproperty IDrsquo) and another half share another two parameters (by lsquoaddressrsquo and by

lsquoproperty IDrsquo)

Encumbrances and purchase price when available are useful information to retrieve when

attached to a specific property but using it as search parameters does not appear useful

1237 Language

In general terms search forms and data are available in Member Statesrsquo national

languages In case one Member State uses multiple official languages these are available

in the land registers accordingly (sometimes with the limitation to the applicable region)

Only in several of them a subset of information is additionally provided in English next to

the national language(s) or a translation facility is provided

Consequently in line with the practices applied on the Portal users should be allowed to

select their working language

The query form has to be proposed to a Portal user in the language that heshe has

activated on the Portal (presumably the native language of this user) Validation

messages in case the user entries do not fit with the data structure agreed with the

relevant LR (for example the structure for a lsquoproperty IDrsquo) must also be provided in

this language

The resulting request forwarded by the Portal LRI system should be understood by

the receiving LR

a In the framework of an online web service it is enough if the relevant LR

receives a validated data structure (as agreed for communication between

the Portal and this LR)

0 4 8 12 16 20 24 28

Map

Owner

Parcel ID

Parcel address

15

20

24

15

Search available

Search available

33

b In the framework of an asynchronous answer the LRI must produce a

query form written in the language of the receiving LR allowing human

recipients (members of the LR administration) to understand the request

The answer should be understood by the user

a In the framework of an online web service it is enough if the relevant LR

returns a convenient data structure (as agreed for communication between

the LR and the Portal) This data structure will be presented to the user

inside an answer form written in the language selected by the user

b In the framework of an asynchronous answer the requested LR will

produce an answer form (that will be sent by mailemail) This answer form

should also be translated or provided in the userrsquos language (at least

regarding the field names and all data that are categorised in a limited

number of possible values)

The main issue is related to free-text data that are only available in the original language

but the selected set of parameters contains no (or very few) free text the address (street

name number zip code city) does not need translation The same is true with respect to

the parcel or property ID owner coordinates map and acquisition price Encumbrances

when not reported according to a limited number of categories could possibly be

translated and understood according to an LR glossary

1238 Legal value of provided information

The analysis showed that similar standards exist in attributing legal value to specific

information The examples of distinct practices applied in several Member States are

Information is produced for illustrative purposes only without a formal guarantee

that it corresponds to legal reality

Information reproduces the content of the register at the time of the delivery

however there is no formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a property title

A legal guarantee is provided in the form of a legal certificate at the time of

delivery The certificate can be used in court as a title of property In such cases

the possibilities for providing this in another language will be limited

The analysis revealed that in the majority of the Member States the information can be

provided as a legal certificate (eg sent by mail in an asynchronous way) Furthermore in

some of them when submitting a request the user can specify whether the data should be

delivered in the form of a legal certificate or the request is made for information purposes

only

1239 Registration and authentication process

The analysis of the registration and authentication process in the Member States led to the

conclusion that the most common practise across the EU is sharing information with

registered users only However several Member States provide access to data without

requiring user registration while others allow access to basic data for unregistered users

When some registration is a requirement it is because (in a majority of Member States)

34

information is provided upon receipt of payment without the need to provide a particular

professional certificate

Various technical methods for authentication were identified

User ID and password

Digital signature or certificate

National ID-card

Mobile-ID (the SIM card of a mobile phone works as an identity tool -

implemented in EE only)

On-line bank authentication (implemented in EE only)

Another form of authentication is proving the userrsquos profession (eg notary registered

lawyer property agencies judges and credit and insurance institutions) to access a

specific on-line data file implemented for these profession or more sensitiveconfidential

data

Several observations could be made in regards to national and non-national user access to

the registers In two Member States access to the land registry can be granted only to

national users provided that certain conditions are fulfilled provision of a national digital

certificate verification of the userrsquos account against the e-mail address or submission of a

written on-line application form for each category of users In one of the Member States

access to users from other Member States is decided on a case by case basis

Nevertheless the legal provisions of the vast majority of the Member States allow non-

national users to access their land register data

Figure 8 below shows that only in two Member States the national legislation does not

permit access to the data from outside the national territory

Figure 8 Access to users from other EU Member States

It should be mentioned that in some Member States national provisions foresee

additional requirements to access data (eg the foreign requestor should provide a national

ID card or digital signature) These provisions were however established for the purpose

of additional legal control rather than for imposing obstacles to access the data

The above findings confirm a significant degree of diversity among Member States

regarding user authentication In most cases authentication is simply related to the need

for a payment Authentication for providing access rights of justice professionals is more

26

2

Access allowed

Not allowed

35

complex and depending on national regulation This could be a reason for postponing the

authentication process of professionals to a later phase of possible development (Phase 2)

12310 Access constraints

Regardless of the common data protection standards at EU level the study revealed that

legal provisions in this area vary from one Member States to another

In 9 Member States25

a user has to prove ndash or at least to declare or invoke - a

legitimate interest in order to get access to the land data This interest is an

assumption in many cases owner of the property notary bailiff employee or

public servant acting by reason of his office and institution of judicial

superintendence do not have to declare their legitimate interest

In 18 Member States it would not be currently possible for everyone to search

for information using the personrsquos identification data However when searching

on other criteria such as the address or a property ID it is possible to discover

the owner (this information is available in 27 Member States moreover in 15

Member States search functionality is accessible to everyone whereas in 9

Member States it is available upon demonstration of a legitimate interest)

12311 Payment methods

Most Member States have a structure in place which requires a fee in exchange for data

access Only 4 Member States provide free access to their data In another 2 Member

States some exemptions from payment currently exist (eg applicable for the owner) The

below Figure 9 depicts the current situation

Figure 9 Access fee

25 This information has been collected by the ELRN ES EE EL CY DE BE IE PL RO have reported the

necessity of a legitimate interest However MS are not always explicit regarding this requirement HR and

PT laws states that there is no need to prove a legitimate interest When the requirement is explicit the law

may not detail the exact special evidences or information to be provided in order to prove the existence of a

legitimate interest

22

4 2

Paid

Free

Exemptions

36

It should be noted that generally the provision of service is free of charge for national

governmental organisations whereas administrative structures from other Member States

are generally required to pay a fee

As regards the payment means the vast majority of Member States accept credit and debit

cards and only some Member States deviate from this approach as illustrated in Figure 9

Figure 10 Payment method

The execution time of the payment differs as well with pre-paid payment being the most

commonly used Post-paid payment a subscription and the combinations of these types of

payments (together with a pre-paid payment) were also observed and should thus be

allowed for in a common integrated system

Usually the time of the execution of a payment determines a specific payment means

Pre-paid payment ndash paid by cash or cheque money transfer creditdebit card

Post-paid payment ndash executed via money transfer

Subscription ndash paid using direct debit or money transfer

12312 Rules and procedures for data updating

The study confirmed that depending on national processes the time needed to update the

register may vary Therefore as the time where the information is considered as

reliableexhaustive cannot be predicted in a uniform way each piece of information has to

be delivered with a time stamp taking into account that the situation may change

afterwards Since it does not appear reasonable to keep trace of and update all provided

answers over a long period of time land register authorities limit the answer validity to the

delivery time by convenient disclaimers the excerpt from the land register reflects the

legal status at the moment of issuing and gives legal effect to the excerpt made at that

moment

12313 Participation in a possible pilot project

In the course of the study all Member States were asked whether they would be available

to participate in a possible future pilot project on the interconnection of Land Registers

The objective of the pilot project could be to test and evaluate the solution proposed as the

Phase 1 of Land Registers Interconnection Nearly half of the Member States reported to

17

8

3

CreditDebit

To be defined

Other

37

be willing to participate in such a pilot project and another group of Member States are

open for discussion (eg a positive decision would be determined by the possibility to

receive outside funding etc)

Figure 11 Member Statesrsquo willingness to participate in the pilot

Member States which showed an interest in participating in a possible pilot project

underlined that they see it as a new tool to expand their real estate market Also they

consider it as a possibility to implement and test the integration of national land registry

and cadastre

As the above figure demonstrates 8 Member States would not wish to participate in a

possible pilot however this is mostly due to them being burdened by their current

workloadprojects and therefore this should not be interpreted to mean resistance against

a possible Land Registers Interconnection project

13

4

8

3

Want to participate

Open for discussion

Pilot not supported

No answer

38

13 Business requirements

The results of the Member Statesrsquo consultation have shown that several commonalities are

present amongst them This fact analysed more in depth in the previous section opens the

door to a possible interconnection of land registers across Europe This section of the

report will analyse the main needs that a possible solution could provide an answer for

It is worth noting that a number of potential business cases have been identified based on

suggestions received from the Member Statesrsquo experts

Providing information on burdens (such as buyers or a sellers creditors) that may

affect a given property

Cross boarder insolvency proceedings

Successions - according Regulation (UE) 650201226

LR information should

facilitate the completion of the Certificate of succession when it comprises

immovable assets of the deceased located in a different MS

Exchange of legal data regarding ownership and charges among Member States

(eg see the Brussels Regulation27

and Regulation (EU) No 1215201228

)

In spite of the number of domains where Member States share common practices there

are also diverse approaches that need to be considered From the findings some of the

differences identified cover

Legal context (eg deed vs title systems legal value of the retrieved data)

Conditions under which a land register can be accessed (different level of access

different registrationuser authentication methods service costs)

Scope of the information stored in land registers and data available on-line

Search parameters and the scope of the information retrieved

The purpose for which (taxation or justice) and the way Land Registersrsquo data is

currently being used

Due to these diversities several requirements were identified that the future solution needs

to take into account These are defined in detail further below

131 Processing of data

While the majority of Member States offer on-line access to their land data a few others

still use off-line registers which are available for national administrations only The

search process can be common in all cases (on-line or off-line) When the registers are off-

26 Regulation (EU) No 6502012 on jurisdiction applicable law recognition and enforcement of decisions

and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a

European Certificate of Succession [OJ L 201107 2772012] 27 Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation) [OJ L121 1612001] 28 Regulation (EU) No 12152012 on jurisdiction and the recognition and enforcement of judgments in civil

and commercial matters (recast) [OJ L3511 20122012]

39

line the LR administration acts as an information broker delivering the requested data by

mail or e-mail after checking the legitimate interest of the requester when applicable

Independently of the access mode implementing a common presentation standard for the

query form would be an advantage for facilitating the submission of the query form in the

framework of LRI While the query form could be always submitted on-line this leaves

different options for processing the question and providing the answers (on-line or by

maile-mail)

132 No digital information or off-line information only

One Member State does not have land data available in a digital format even if it may be

considering to have land register services digitalised in the near future In five Member

States the system is not on-line (used internally by the LR administration only) Any

interconnection system should thus also cater for off-line and paper based registers

together with the on-line service

133 Data distribution

Due to the existence of regional registers that are not integrated or consolidated into a

unique database at national level the solution should allow the integration of registers at

different levels (nationally but also regionally) The selection of the relevant register must

be done after selection of the searched region (eg the lsquoLanderrsquo in Germany) Therefore

the solution must clearly inform users which regional register has provided the answer in

any case where the searched Member State has multiple registers

134 Scope and format of data

The land data available in the national systems varies in terms of its scope structure

formats the way it is presented and its legal value including the way it can be used (in

court to purchase a property etc) Any possible LRI solution therefore has to cater to the

existing diversity while providing a harmonised approach

Any solution should support various data sets for each Member State This would allow

compliance with national legislation including the different type of register in use (title vs

deed) In reality this means that various search fields and search responses would be

supported by a LRI Moreover any system would also need to allow for the management

of these search fields (addition removal modification) In order to facilitate its

implementation the search capabilities of a LRI could be implemented gradually

It is foreseen that if a harmonised schema for data exchange ndash a common communication

protocol ndash would be adopted it would simplify data exchange increase productivity and

minimise data waste as well as errors during a possible LRI implementation

135 Land register data vs cadastre data

As previously discussed there are two property registration systems present in Europe

providing different sets of information Due to the availability of new technologies land

register information is nowadays often complemented with supporting information (parcel

description and size environmental data maps pictures territorial planning etc) and in

some Member States the property data are merged with the cadastre and such other

40

information in single systems In other cases however the information is scattered in

different systems and different sets of information are collected Based on experience

from the Member States with an integrated land register and cadastre system users see a

need to complement property related information with additional information on the

property because it is helpful to assess the property value and to prepare a real estate

transaction A system should thus allow even if only in the second phase for the

possibility to find the above supporting data in addition to property and legal status data

Obtaining maps and other available supporting information (without the same legal value

as property data) would provide a more complete and useful picture of the searched

property However in case such supporting information is not merged with the property

related information in a single national file combining access to different files and

aggregating the extracted data in a single answer will increase the complexity and cost of

the interconnection

136 User authentication

The e-Justice Strategy and Action plan adopted by the JHA council and the Strategy on

European e-Justice29

foresee the vision of lsquoa uniform authentication procedure to open up

for members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide for

such a possibility for authentication for non-professionals alsorsquo The Strategy states that

lsquoMembers of the judicial authorities should be given secure access to the various

functionalities reserved for them they should have differentiated access rights and a

uniform or interoperable authentication method should applyrsquo

The analysis performed has shown that implementing a uniform procedure would support

access control and payment facilities of all potential participants in the LRI when relevant

or required easy and uniform registration for accessing information that is available for all

(possibly after providing some justification on the legitimate interest) and payingbeing

invoiced for fees would also benefit professional users thanks to standard query forms in

their native language thanks to the automatic forwarding of the form to the relevant

register thanks to receiving standard invoices In Phase 2 provided a mutual trust

authentication system will be implemented judicial authorities and other professionals

may benefit from differentiated and specific access rights The condition is to cater for the

various authentication and certification processes found in the Member States

Given that professional capacity certification (meaning the act of confirming that a person

is indeed a legal or other professional) is an action that is not necessarily performed by

land registrars a possible solution could also ensure that this activity is carried out by

trusted third parties (eg using the relevant professional organisation or other Member

Statesrsquo administration as a trusted third party) This would imply interconnecting the LRI

platform with third party certification authorities The third party could either be located in

a Member State of the userrsquos origin or in the one owning the register Such a system could

provide a solution to the finding that even when some LR data are available for everyone

for 15 land register systems the Member Statesrsquo legislation requires a specific

IDpassword or other authentication method for professional users categories providing

29 Strategy on European e-Justice 2014-2018 [OJ C 376 21122013 p 7]

41

them a specific (or a more complete) access to land register data With regard to

professional users authentication and the different type of roles associated with those

users there could be different kind of search parameters allowed as well as different data

sets available in the response retrieved

137 Data protection

The existing EU data protection rules (provided for in Directive 9546EC30

and

Regulation (EC) 45200131

as well as other relevant legal instruments) has undergone a

major review process which resulted in the General Data Protection Regulation proposed

in 201232

Personal data means any information relating to an identified or identifiable natural person

(ie the owner of property) even if that person can be identified indirectly (by reference to

an identification number tax-payer number etc) The European Commissionrsquos decision

on the protection of personal data in the European e-Justice Portal33

specifies amongst

others the conditions for storing personal data on the Portal

lsquoNo personal data relating to the data subjects shall be stored in the Portal All

such data shall be stored in the national databases operated by the Member States

or other bodiesrsquo

lsquoPersonal data relating to or provided by Portal users shall not be stored in the

Portal other than in cases where they have signed up as registered users Personal

data of registered users shall be stored until they request the deletion of their

registrationrsquo

It is worth adding that questions formulated by justice professionals should not be

disclosed the fact that the Notary X investigates properties owned by Company Y is

covered by secrecy rules as implemented for relevant professions by national authorities

Disclosing such information (even when it is disclosed by an employee a contractor or a

third party) may be prosecuted34

Therefore data transfer must be secured and should only

be accessed by the authorised recipient

Regardless of common legislation at EU level the study revealed that legal provisions on

the protection of land data vary from one Member State to another (eg the requirement to

prove a legitimate interest or no possibility to search based on identification data) Any

possible solution must respect these different access requirements

30 Directive 9546EC on the protection of individuals with regard to the processing of personal data and on

the free movement of such data [OJ L 281 23111995 p 31] 31 Council Regulation (EC) No 452001 on the protection of individuals with regard to the processing of

personal data by the Community institutions and bodies and on the free movement of such data [OJ L 8

12012001 p 1] 32 Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals

with regard to the processing of personal data and on the free movement of such data (General Data

Protection Regulation) COM2012011 final of 2512012 33 EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014 on the

protection of personal data in the European e-Justice Portal 34 See for example 226-13 Code peacutenal (France)

42

138 Complement to provided information

Resulting from the diverse legal values of information that is available in land registers

and resulting from the possible delivery of data without any legal value (maps pictures

etc) it appears that any answers communicated to users in the framework of LRI must

always be provided together with the necessary disclaimers or the following precisions

Who is responsible for the provided information

What is the legal meaning and value of the data provided

What is the certainty level of the data provided

Until when was the information updated (time-stamp)

How to interpret search parameters and search results (eg property rights)

How to obtain legal output if this is not available on-line

The solution could also have a feature that would inform users in the form of a

disclaimer of the maintenance status of the national register(s) under query (legal

provisions regarding the time requested for updating the register or possibly previous time

periods that are not covered or on which the information is not digitalised)

139 Translation

Any LRI solution will need to be able to provide information in the various EU languages

Such information may include the conditions of the LRI service in a specific Member

State what the user has to know regarding the legal value of information provided by a

specific LR what are the payment conditions per request per property retrieved for

translating the response in another language if available etc

Moreover any disclaimer that is presented to the user should be available in the different

EU languages This is equally true of any standardised material such as a glossary) Such

a glossary is already present in the EULIS initiative A glossary hosted on the LRI

technical platform (a subset of the Portal) must be built as an ontologytaxonomy

establishing the meaning of specific LR concepts across the various jurisdictions

therefore it is more than a simple dictionary

Free text (unstructured descriptions) cannot be translated automatically by the LRI

technical platform mostly for liability reasons the limits of existing automatic translation

tools are well known However when a specific term appearing in a free text field is

present in the LR glossary hosted by the LRI platform this term could be highlighted and

linked to the LR glossary

In addition ndash applicable to asynchronous answers provided by mail after a certain delay

(some hours or days) ndash it was found that some LR authorities provide a translation service

(after payment of a feelump sum)35

The translation of the delivered information is

generally limited to English

35 For example Spain requests a lump sum of euro30 for providing an English translation of retrieved

information

43

1310 Payment system

As detailed in section 55 of the Annexe (Usage costs and payment methods per Member

State) the study gives a complete overview of Member States that provide land register

information for free whereas the majority require a fee For those requiring payment the

various possibilities and payment methods are highlighted in the lsquoProposals for handling

paymentsrsquo (part III) of this feasibility study Therefore a solution for a LRI must include a

payment system

This payment system must cater to the different payments methods used in the Member

States of which credit and debit card are the most common Furthermore the need for

formal and ndash when possible ndash global invoices (eg all fees paid to various registers in a

given period of time) was identified

1311 System implementation

A number of stakeholders have reported that a limited amount of cross-border searches

would lead to a low return on investments Moreover heavy up-front investments were

also found undesirable by Member States especially when some have reported having

limited resources to participate in a possible pilot project Therefore the LRI system

should cater for gradual and voluntary adoption in a first (or pilot) phase

44

14 The way forward

A significant number of Member States have communicated their interest in participating

in a pilot project Some others are open to discussion or did not take any position yet A

minority does not wish to participate in a pilot mostly due to their current workload

burden or because of an on-going land register re-organisation and not due to objections

to the LRI project

The possible way forward includes two main steps or phases for implementing the LRI

system The suggested division in two phases is motivated by the higher degree of

complexity of giving access rights to lsquoauthenticated justice professionals across the whole

EUrsquo (including administrations notaries etc) that would be similar to the access their

national colleagues have to the LR of their home State

The first phase of LRI that could be considered initially as a pilot phase would

present multiple advantages of coordination and integration a common architecture

and single management and maintenance of the technical platform multilingual and

standard query forms better integration inside the e-Justice Portal the possibility to

send one request to multiple registers implementation of an interoperable payment

system This first phase would be targeted to a large public access making it

possible to submit questions on-line and receive answers either on-line or in an

asynchronous way (depending on the policy of the requested LR) It would solve

issues related to the diversity of legal systems translation issues assessment of a

legitimate interest data protection etc These points may require some concrete

work indeed but that work is finally well defined and achievable within the current

legal framework (from the EU and Member States)

The second phase of LRI would be focused on the needs of more specific categories

of professional users including officials from other Member Statesrsquo

administrations in order to make their on-line access possible including their

specific access rights The aim of this phase would be to provide similar access to

all relevant LRs to all lsquousers that need to access LR information in the framework of

their professionrsquo even if they are not nationals of the Member State hosting the LR

This phase would tackle issues which are more serious and complex than those

dealt with in Phase 1 These are mainly related to authentication processes which

necessitate mutual trust and interconnection with multiple professional

organisations and in some cases the necessity for higher guarantees regarding the

protection of personal data

In addition there is one possible alternative (paving the way for a quick win) for Member

States that will not participate in the pilot project

Non-participating Member States could improve and manage their national pages

on the Portal and to link it to a lsquostandardrsquo query form ndash interacting with their own

LR system only Portal users could then fill in and submit these forms to the

national LR Such a system could provide synchronous (on-line) answers when the

national LR system is on-line or - in most cases - at least an asynchronous answer

(off line by mail or e-mail) - eg when the access to the national LR system is

restricted to the national administration which plays the role of human interface and

checks if a legitimate interest exists Such action should be coordinated with the

LRI project in order to present as far as possible similar lsquostandardrsquo query forms in

45

all relevant Member States even if some search fields would be

lsquodeactivatedshadedrsquo when not available in the searched LR

The three possibilities identified above are detailed hereafter

141 Phase 1 of Land Registers Interconnection

As already stated above the objectives of this Phase 1 introduced by a possible pilot

project are as follows

Testing the LRI and solving the issues referred to above

Implementing a real lsquoone-stop-shoprsquo based on a common managed architecture

and linked to a convenient payment system when applicable

Targeting a large public access ie addressing all questions that are not restricted

by specific privileges (working as a certain category of professional) or specific

access rights knowing that this system will also improve the current situation for

professionals

Submitting questions on-line and receiving answers in both on-line and

asynchronous form

1411 Legal diversity

The legal diversity of the different land registers in use in the Member States is an evident

finding of this study It is often presented as a fundamental issue which leads to the

information presented by various registers not being comparable

However the legal diversity and the value of provided information can be quite easily

categorised Clearly this legal diversity points to the important need to provide

complementary information but should not be seen as an obstacle to LRI It simply results

from the difference between the systems used in the various LR organisations ndash a minority

following purely a deed system others a title system and many handling both The LRI

should clearly support all these systems in their diversity through providing succinct but

clear information on the legal value of the information retrieved

The way to clarify the legal diversity is to provide the right information Before using the

service users (even justice professionals) have to know the legal value of the requested

information if it provides the guarantee of a property title if it may be used in court etc

This information can only be provided by the relevant Member State ie on the Member

State-owned Portal pages that will introduce the service and on the page that will present

the answer (or in the mail containing the response in case of an asynchronous answer)

Consequently LRI participating States have to provide property related information with

the appropriate complementary comments and disclaimers and the legal diversity is not an

issue for the Portal itself as a technical platform

The portal can support this process through proposing a standard template to categorise

the legal value

Is the response exhaustive as all land property is registered in the searched LR

At what time and until when is this information valid

46

Are the LR documents you will receive admissible in court as evidence

Are the LR documents you will receive valid as property certificate

Should you buy a property based on the result of a property inquiry through this

service

Can you usepresent copiesprints of delivered responses when selling your

house

Who is responsible for the information provided

How to obtain legal output (admissible on courtvalid as property certificate) if

this is not available via your on-line request

In case a given Member State connects multiple registers to the e-Justice Portal or in case a

question accesses multiple registers the information has to be provided for each register

The disclaimers should not be free unstructured text they should present pre-defined

information subject to translation to the userrsquos preferred language if needed The

categories proposed in Questionnaire 2 were

The provided information is produced for illustration purpose only without formal

guarantee that it corresponds to legal reality

The provided information reproduces the content of the register (X) at the time (Y)

of delivery however there is no formal guarantee that the register is up to date

and corresponds to the legal reality regarding the establishment of a property title

therefore the provided information is not valid as property title and cannot be

used for this purpose

The provided information is a legal certificate It has the state guarantee at the

time (Y) of delivery and ndash according to the condition of the attached disclaimer ndash

it is valid for establishing a title of property

1412 Linguistic diversity

Some Member States reported that they provide interfaces in other languages than the

national one Initiatives such as EULIS present query forms in English Based on the

selection of common search fields a standard query form can be proposed Search fields

not available in the targeted LR can be shown as lsquoinactiversquo or as a lsquoshaded arearsquo This form

like any other lsquostatic informationrsquo provided on the portal can be made available in all EU

languages

The linguistic diversity of provided answers is more problematic as the majority of the

Member States provide answers in their national language(s) only However similarities

between LR systems (titles or deeds) will help presenting information according to similar

templates and therefore will facilitate translation of at least some standardised elements of

the response

The response form if built according to a Portal template can translate all data that are

fixed or that are categorised in a well delimited list of possible values

The fixed fields names titles labels

The fields resulting from a lsquomultiple choicersquo or a lsquoYesNorsquo option

The standard disclaimers or information related to the legal value of the

information

47

On the contrary translating free-textunstructured information is more sensitive Machine

Translation will be available on the Portal but a decision would need to be taken on

providing this service also in the context of LRI For the pilot phase (Phase 1) the data

parameters (address ID owner coordinates map encumbrances price) contain no or few

free text needing translation

Translation and understanding of the answer (eg regarding information that could be

categorised as lsquoencumbrancesrsquo) would be facilitated by providing a specific LR glossary in

the Portal This glossary should be a collaborative work (among participating states) and

should be visible to all (allowing the legal community to contribute with suggestions for

improvements) The glossary must play the role of ontology that helps to understand the

difference between the legal systems These should be reflected linguistically as reported

by Member States a legal concept (as Usufructor Usufruit (France)Nieβbrauch

(Germany)Fruchtgenussrecht (Austria)) may have different meaning due to different

jurisdictions Such differences go beyond language barriers that could be solved simply by

translation

The multilingual LR glossary must work as taxonomy (thesaurus of equivalent legal

concepts providing detailed information) The Portal will be of great support for providing

a technical platform to host such a glossary

1413 Registration of Users (Phase 1)

This is another area where the Portal acting as a one-stop-shop may play an important role

as a facilitator

In the envisaged Phase 1 the user registration system may not provide specific access right

to LR data but will be used to allow users to manage their preferences and to benefit from

the common payment facility The Portal would facilitate connections by providing a

uniform registration process (providing via a specific registration system a User ID and

Password linked with a valid e-mail address) that could be connected to a convenient

payment system

A more elaborated (and complex) registration process should be proposed in the envisaged

Phase 2 especially when there is a requirement to prove and authenticate professional

capacity (administration notary geometer lawyer etc)

1414 Towards a common search form

The standard search form would be a multi-lingual interface which should exist in all

official EU languages (and not only in English or in a limited subset)

This will be possible by focusing the form on an initial minimum set of parameters

(selected among the lsquocandidatesrsquo) by knowing which parameter can be searched in the LR

of all Member States participating in the LRI project

This initial set of lsquocandidatesrsquo includes

Parcel Address

Parcel IDor Property Coordinates (according to the proposed formats)

Property Map

Owner (where this is available for public access)

48

Two other fields will be often available in the response but are not relevant for searching

Known encumbrances

Purchase Price

1415 Personal data protection

The processing of personal data on the Portal is subject to the Commissions Decision of 5

June 2014 on the protection of personal data in the European e-Justice Portal36

This

includes the processing of personal data through a possible LRI In practice this means that

as the LRI platform

The Portal will not store personal data (as if it was the data processor of a database

containing personal data even provided by third parties which are the data

controllers)

The global Portal usersrsquo registration (that is performed at the initiative and request

of each user) would be processed via ECAS (this EU service is external to the

Portal)

On-line answers would be provided by the relevant LRs through the Portal

operating as interfacecommunication network without storing these data

Asynchronous answers (mails from LR authorities to users) will stay outside the

Portals operation (no transitnetworking function)

The main sensitive point is allowing searches on the ownerrsquos name the owner is a search

parameter in 20 Member States but 15 Member States have implemented specific

authentication mechanisms for administration or professionals Disclosing the ownerrsquos

name after searching on an address or a parcelproperty ID (which is in most case a need

when the aim of a request is the processing of a real estate transaction) is less sensitive the

owner is available in the response in 27 Member States It is up to the relevant Member

States and LR authorities to decide if searches and answers containing names would be

authorised

When providing information LRs may add specific disclaimers or instructions concerning

the usereuse of personal data that could be part of the delivered information

It is worth adding that questions formulated by users should not be stored on the Portal In

case a payment system is implemented a reference could be stored (for providing detailed

invoices date relevant LR(s) and reference number of each request)

1416 Legitimate interest

Under 9 national practices or laws (eg in Germany Belgium Spain Sweden) access to

land registers is not granted unconditionally but only in case the user has a legitimate

interest for such access

36 Commission Decision of 5 June 2014 on the protection of personal data in the European e-Justice Portal

(2014333EU) [OJ L167 662014 p58]

49

Due to the high number of requests the results of this study suggest that LR authoritiesrsquo

decisions regarding this lsquolegitimate interestrsquo are not in practice always based on a

systematic inquiry or verification

Two main cases may exist

When the user is a justice professional (or a notary a geometer a credit institution

acting in the framework of its profession) the legitimate interest could be

assumed

In other cases the legitimate interest must be declared by the user for example

a The requestor is the owner of the parcel and wishes to check its legal

status

b The requestor is the owner of a parcel and wishes to know who is

their neighbour

c The requestor wants to purchase the parcel and wishes to know who

the owner is

In a minority of cases the LR will request for more justification or reject the request

Impact on the LR query form As soon as a Land Register requests justification of a

legitimate interest the LR query form must include a corresponding section This may be

facilitated by proposing a multiple choice form such as this is done for example by the

application provided in Spain (lsquoRegistradores de Espantildearsquo)

Figure 12 Example of declaration of legitimate interest

When a legitimate interest has been declared it is good practice that the delivered response

reproduces the declaration For example

Several points should be considered in this context

The Portal standard form may help to clarify the lsquovaguersquo notion of legitimate

interest by proposing an appropriate list of cases or conditions

LEGITIMATE INTEREST CLAIMED

Legaleconomic investigation on credit insolvency or

responsibility

Legal investigation on object ownership or limitations

Investigation for contracting or mediation of shares

The applicant is the registered owner

Other to be specified hereafter

50

This will not be lsquobindingrsquo for the requested LR the decision to deliver (or not) an

answer may always be related to requesting more explanation related to the

legitimate interest in case of doubt

The request for legitimate interest is not an obstacle for LRI but providing more

detailed justification about this interest is more difficult when interacting with

users from other Member States or third countries (using other languages)

Therefore the relevant form must be detailed enough and validated by the Land

Register requesting a legitimate interest

The requirement to justify when needed a legitimate interest does not necessarily

imply that the Portal userrsquos question must be processed off-line in an

asynchronous way if the declaration is replicated as a part of the delivered

response this makes some verification at the time the response is used possible

(eg presented in court) However as long as relevant LR authorities must take the

time to check the reality of a legitimate interest and ndash when appropriate ndash to

conduct further investigation off-line processing will be necessary

For professionals as long as a professional authentication system is not

implemented the form should be complemented by specific declaration allowing

LR authorities to assess (and possibly investigate) when a legitimate interest exists

(for example for searching on the owner)

lsquoI declare to be Notary X acting for professional reasons address xxx e-mail yyy

telephone zzzrsquohellip

lsquoI declare to be Civil Servant X member of administration AAA in Member State

BBB acting in conformity to national law address xxx e-mail yyy telephone

zzzrsquohellip

1417 Paymentproof of payment

Most Member States have a payment structure in place which requires some form of a fee

pre-paid or post-paid in exchange for access to the data Subscriptions are a less used

alternative Several Member States provide free access to the data Therefore any common

Land Registers Interconnection system must consider payment in its design

At the very least pre-paid and post-paid methods must be provided for in a common

integrated system However in order to increase acceptance a subscription method should

also be offered

Regarding the means of payment the vast majority of Member States accept both credit

and debit cards and only some of them deviate from this approach Any future integrated

system should therefore also provide for the most common means of payment ie both

credit and debit cards

The use of a payment service has to be optional as in some Member States access to the

land data is free Due to the fact that some national systems do not process cross-border

payments there is a need to provide a common LR payment system calculating costs

based on information provided by the target land register Cost calculations should be

conducted per service (eg single search) andor per user (subscription)

The payment systems should provide invoices ndash they are needed by professional users to

deduct these expenses The functionalities and possible options regarding this payment

system are analysed in detail in Part III of this feasibility study

51

1418 Receiving a response

14181 Providing a response

Responses can be transmitted on-line or off-line (in an asynchronous way) This last option

appears to be the most appropriate for those Member States that want to check carefully the

legitimate interest of the requestor or for others that wish to deliver a formal property

certificate signed by the register authority and committing the liability of the

administration

In case a Member State has to extract information from several files such as in France

(except in the three departments of region Alsace and Moselle having a single property

register) where a common key (which is the cadastral parcel Nr) can be used for accessing

property data (in the FIDJI system providing access to multiple property registers) and for

accessing cadastral data (in the MAJIC system providing access to multiple cadastres) the

possible solution is that the receiving point of contact will dispatch the request to the

relevant register(s) In Phase 1 these Member States will most probably provide

asynchronous answers only

14182 Understanding the content

Regarding the language it is recommended to maximise the use of pre-defined categories

and fixed fieldrsquos labels reducing the proportion of free text to the minimum possible As

previously mentioned all labels and pre-defined categories may be translated

automatically Since the free text would not be translated automatically a specific

multilingual LR glossary should be implemented to support it All glossary terms when

used in the response must be highlighted allowing users to get more information on the

possible meaning of the term depending on the jurisdiction

The standard fields for responses (when available) are

Parcel Address

Parcel ID or Property Coordinates (according to the proposed formats)

Property Map

Owner (when this is available for public access)

Known encumbrances

Purchase Price

14183 Understanding the legal value and possible use of the response

The understanding of the legal value and possible use of the response can be supported

through a pre-defined set of hypotheses and standard disclaimers as explained in Section

1411

1419 Land Registers Interconnection platform

The principal development to provide in Phase 1 would be the common LRI platform

integrated into the Portal as a new service Several technical alternatives or architectures

are possible for developing this platform including the reuse of all or part of existing

projects These alternatives are discussed in detail in the Part II of this feasibility study The

52

platform should be based on a common communication protocol ndash a harmonised data

exchange mechanism with a set of rules governing essential aspects of the LRI exchange

These can be such as the format of the information exchanged harmonised schemas for the

data exchange the processes supported etc The purpose of the service is to make land

information accessible in a more standardised way in terms of

Communication means (implementing web services from the portal to the various

participating LR administrations)

The process for accessing the data covering all necessary steps to be executed in

order to retrieve the data taking into account that not all steps of such a process

have to be applicable in each Member State

The presentation of the data

The Security measures for the protection of the data exchange

The technology used for the data exchange

Such a service will not only make the Land Registers Interconnection possible but as the

initial set of available parameters will still not be available in all Member States and as the

need for receiving more data should rise progressively it should facilitate a possible future

harmonisation of land data exchanges

14110 Implementation of a Phase 1 pilot system

Important factors in the realisation of the LRI project are the willingness of the Member

States to participate in a Pilot project allowing volunteer users to test Phase 1 of the LRI

model the efficiency of the provided architecture (as proposed in part II of this study) and

the payment system (as proposed in part III of this study)

As mentioned before the majority of the Member States are willing to participate in a

possible Pilot project or are open for discussion The other Member States have clarified

that their LR system is currently in the process of being redesigned or that their ICT

capacities (the server answering to on-line requests from their national professional users)

are already lsquonearly used at 100rsquo but this type of issue (upgrading memory processors or

bandwidth) does not look to present a fundamental barrier for most ICT specialists

The realisation and implementation of a Pilot project and the delivery of an evaluation

report is therefore recommended as a next step

14111 Land Registers Interconnection as a test platform

It was found that functionalities similar to the ones needed for a possible LRI could be

reused in other projects managed by the European Commission such as

A common payment system

An authorisation system which takes professional capacity certification into

account

53

For example similar needs exist in the project developing a Business Register Information

System (BRIS) managed by DG MARKT of the European Commission The aim of BRIS

is to interconnect central commercial and companyrsquos registers in the EU according to

Directive 201217EU37

Therefore the LRI pilot could be considered as a useful test platform in those domains The

value of the development effort would be multiplied if the implemented solution is reused

in other projects

Also the approach taken for resolving the issue of the diversity for Land Registers

Interconnection could be applied to other similar projects

142 Phase 2 of Land Registers Interconnection

The purpose of the LRI Phase 2 would be to progress towards making more on-line

searches in national land registers accessible and making them available to professional

users from other Member States under the same conditions as these searches are available

nationally

Therefore the characteristics of a Phase 2 could be

More focus on on-line research (bringing the LRs that were still off-line during

Phase 1 to deliver synchronous answers and therefore to reduce the administrative

burden due to the manual processing of requests)

Assigning specific and appropriate access rights to professional users including

the members of other Member Statesrsquo administrations

This Phase 2 can be introduced progressively the LRI system should be flexible and it

could be that some Member States will improve the quality of the on-line interconnection

already implemented in Phase 1 while others will switch to synchronous answers in Phase

2 and a remaining group will still prefer to deliver asynchronous responses only

The main issue that Phase 2 must solve is the requirement for professional users to prove

their professional capacity (notary lawyer etc) in order to be considered by the Member

State hosting the LR as if they were similar professional users from that Member State

The issue results from the fact that the Portal will not lsquoauthenticatersquo a user (ie as a Belgian

notary as a French geometer etc) To obtain such authentication it is needed that the

Portal requests a confirmation (ie an electronic certificate) from the relevant professional

body that is competent (in Belgium in France etc) to deliver such authentication In

addition it will be requested that the connected register recognises (has accredited has

trust in) this professional body as a legitimate and reliable source of authentication Last

but not least the authentication (or token certificate) must be delivered at the time of

submitting the query (and not earlier or at the time of registration because someone who is

a notary or a geometer today may resign the day after and not fulfil the conditions

anymore) Member States that have implemented specific on-line access for legal

37 Directive 201217EU amending Council Directive 89666EEC and Directives 200556EC and

2009101EC as regards the interconnection of central commercial and companies registers [OJ L 2012

13062012 p 156]

54

professions (eg France when providing access to the SPDC ndash Serveur professionnel de

Donneacutees Cadastrales) work in close connection with professional organisations The

process may be simplified by providing access to a lsquolaw firmrsquo (Notarial office or cabinet

or lsquoeacutetudersquo) the firm is indeed more lsquostableperennialrsquo than individual members and will be

responsible for providing access rights to staff members

It is easy to understand that such an interconnection is more complex to implement and

therefore requires a Phase 2

In addition to the interconnection with Land Registers the system must

interconnect with the relevant Member Statesrsquo administration or professional

organisations entitled to certify the professional use

The Phase 2 system is focused on a fully automated on-line service

As regards other questions all the lsquoacquisrsquo of Phase 1 will be usable in Phase 2 and this is

the reason why the two phases could co-exist

The process to implement would be as follows involving three components or lsquoactorsrsquo (as

explained in Questionnaire Nr 2)

The user located in a Member State A

The Portal (as the one-stop-shop platform and technical facilitator)

The investigated Land Register(s) located in Member State B (and possibly C D

E etc)

All Member States that participate in the Phase 2 service (including Member State lsquoBrsquo)

manage their own lsquoLRI service pagesrsquo on the e-Justice Portal (static information they

provide in order to inform users about available services and conditions) The Portal

provides translations of these pages A professional user from Member State lsquoArsquo (ie a

notary) registers on the Portal entry point and after readingagreeing on static

informationconditions provided by (one or more) Member State lsquoBrsquo asks for access to

Member State lsquoBrsquorsquos register(s)

When the professional character of the request needs to be authenticated (according to

Member State lsquoBrsquorsquos conditions) the portal requests authentication from the userrsquos home

state A (or professional organisation)

Figure 13 Implementation process

55

Member State lsquoArsquo (the government or the relevant professional organisation) confirms (or

not) that the user has at that time a specific role (ie is actually a notary a geometer a

person acting under professional secrecy) (If step 3 is true) Authentication is forwarded to

relevant Member State lsquoBrsquo(s)

Member State lsquoBrsquo assesses compliance according to an automated process (eg if step 3 is

true if the role is compliant with Member State lsquoBrsquo conditions) and decides to authorise (or

to refuse) access according to its own conditions When authorisation is given the user

fills in the appropriate query form and the relevant available land register communicates

the information The information is always communicated together with the applicable

disclaimer legal value conditions of use (as written by the providing Member State lsquoBrsquo)

Reusing the acquis of Phase 1 the Portal will facilitate the understanding (eg standard

translation of the provided information in so far these conditions are known in advance)

In case there is some fee to pay the electronic payment system implemented during Phase

1 is used (this could be done outside the e-Justice portal according to the appropriate

international payment standards)

143 Functionalities summary ndash progressive implementation

On the basis of the above recommendations in case a one-stop-shop LRI should be

implemented via (or in the framework of) the Portal the following functionalities were

identified

1431 Phase 1 functionalities

Registration ndash making possible for users to get registered (simple registration evolution of

the current one ndash target use of the payment system)

Improvements of static information ndash all interconnected registers have to clarify what

information should be provided to users before they use the service and what the legal

value of the information provided is

Search ndash the core use case of the system responsible for the execution of searches display

of relevant disclaimers information about land data cost of the search(es) and the final

response(s) The search form must be complemented by the declaration of legitimate

interest when requested

Translation of all fixed fields titles labels multiple choices legal value of information

ndash in search and response forms

Glossary - a multilingual taxonomy or LR terminology + highlighting lsquoglossary termsrsquo in

portal information

Payment ndash allowing submitting payment (pre-paidsubscription or post-paid) and

maintaining for each user its payment historyaccountinginvoices

Disclaimers management ndash enabling the management of disclaimers information about

land data and their translation to all EU languages

The improvement of static information (as described in the quick-win alternative scenario)

must take place in all cases because any LRI system must include both information pages

56

(describing the conditions for using the service the legal value and possible uses of

delivered information) and dynamic interaction (query form validation of entries provided

answers)

The elaboration of a one-stop-shop LRI platform could be performed by solving technical

interoperability and non-fundamental issues in order to allow the broad public to submit

queries that will be answered synchronous or asynchronous These issues are

Diversity (providing the correct information)

Terminology (the support glossary)

Legitimate interest (additional declaration form)

Payment system

1432 Phase 2 functionalities

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisation to certify users according to their profession (building a lsquocircle of

trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs as if they

were nationals of those other Member States

Access management ndash allowing a Member State to authorise access to the LR data

according to the submitterrsquos profession

In order to limit implementation costs it is suggested that Phase 2 provides for a gradual

implementation of the Land Registers Interconnection for professional users It should take

place with regard to authentication authorisation searches professional capacity

certification and payments without ignoring business needs Beyond the need to reach

common standards regarding the quality of justice overall in EU (for example when it is

about delivering rapidly a European Certificate of Succession or when enforcing decisions

in matters of matrimonial property regimes) the business needs will be considered when it

is about facilitating real estate transactions obtaining credit etc professional LR

interconnection with Member States where the highest number of real estate transactions

are operated will provide more return on investment from the economic point of view)

144 Alternative improving the Portal information (national pages)

This alternative is recommended for a Member State that will not participate in the LRI

pilot or as a preparationwaiting solution Improving the Portal information pages must be

done in any case (also when participating in LRI Phase 1 and 2) Indeed any LRI system

will always provide a mix of general (or lsquostaticrsquo) information (the service conditions the

way to proceed the legal value of provided information) and interactive (or lsquodynamicrsquo)

interaction This could be achieved by proposing to these Member States to make available

on their own LR system a standard query form in English which entails some mandatory

and optional fields that the user has to fill in for submitting a query and when possible for

obtaining an answer

Currently the e-Justice portal provides only static information regarding the national land

registers all Member States (except Croatia) have provided their national page However

57

in a majority of them the page simply reports the basic information on the land register

who manages it etc without always providing clear instructions on how to formulate a

query

In about 30 of the cases there is an obvious link to a search form to submit which may

be depending on a preliminary registration (obtaining an IDpassword in case the use of

the system is depending on the payment of a fee)

Figure 14 Portal search links

All Member States do have a LR system Nearly all of them (except LU where the process

seems ongoing) are digital systems however online access sometimes is reserved to the LR

administration only (using the database for answering questions from external requestors)

All systems should accept at least asynchronous requests when the database is not on-line

the competent administration is answering by mail (or e-mail) after checking whether the

appropriate conditions have been met

In order to make the submission of LR requests possible the simplest way for a basic one-

to-one interconnection could be organised in a few steps

Providing in the Portal national (Member State) pages at least the information on

lsquohow and where to submit a queryrsquo

Providing a basic query form (and a registration form when applicable) in English

in addition to the national language(s)

Validating the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line

the answer being provided after a delay (needed for checking conditionsverification

etc)

This lsquoquick-winrsquo alternative improvement includes no harmonisation of technical

infrastructure (each Member State maintains its form) However the form could be

elaborated based on a lsquogood practice templatersquo proposed by the European Commission and

similar to the LRI template This requests no Portal architecture modification (each

Member State updates its own LR national page) and no coordination regarding the

payment processes (when applicable each Member State proposes its own payment

facilities selection that exists currently based on the use of creditdebit card andor on a

system of pre-payment)

28

18

54

Easy link to search form

Indirect link (after navigation)

No clear intructions

58

An example of lsquogood practicersquo (combining static and dynamic information) the UK

(England) site httpwwwlandregistrygovukpublicproperty-ownership

Before you use this service

The documents you buy online are not admissible in court as evidence

For this you will need to order official copies of the title register andor title plan by post

You will be asked to register once you are ready to purchase

To order you will need a valid debit or credit card a valid email address and Adobe

Acrobat Reader

The service will only provide details of land and properties that are registered It will not

reveal certain non-residential registered titles such as tunnels pipelines mines and

minerals and airspace leases

Search with full address

Search without full address

Similarly the national web site lsquostatic informationrsquo could address the most basic questions

from users as follows

Figure 15 Example from the EnglandWales website

59

The following advantages could be identified

The improvement needs no common technical platformharmonisation (outside

the current Portal and a link to create in the relevant national page)

It is compatible with both synchronous and asynchronous (off-line) access

It could be based on lsquorecommendedrsquo templates (ie similar to the Phase 1 LRI

template possibly validated by the e-Justice working party)

The Commission may provide some support for translation of forms and static

information

Some national systems (for example Spain with the application lsquoRegistradores de

Espantildearsquo) have already implemented good quality query facilities (including an

interface in English)

There are however several issues related to this alternative solution

This approach is not leading to a lsquoone stop-shoprsquo based on a unique architecture

but is a system of links leading to the relevant LR interface (this is not matching

the Portal objective which according to the e-Justice action plan recital 31amp33

states lsquothe Portal cannot merely be a collection of links but should implement a

one stop shop service for justice providing access to national functionalities by

means of a user-friendly multilingual interface making them understandable to the

European citizensrsquo

There is no common registration system (users must process registration in each

Member State meaning that an additional registration form should be provided)

This approach enables answering to requests from lsquoeveryonersquo (the broad public)

when the request is focused on property data (address or parcel number) but it

will be much more difficult to open the way for providing to professional users

the same conditions under which these searches are available nationally for

registered justice professionals (eg authenticated notaries with direct and

exclusive on-line access to their national system) The access management could

be discriminatory or based on bi-lateral agreements (eg permitting searching on

personal data lsquoall properties owned by Xrsquo) Therefore a fundamental objective

stated in recital 32 of the e-Justice Action plan may not be addressed (lsquothe Portal

will permit by means of a uniform authentication procedure to open up for

members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide

for such a possibility for authentication for non-professionals alsorsquo) At the

contrary the Phase 1 approach that is based on a common platform (the Portal)

where the implemented architecture must support the multiple interconnections

needed will open the way for progressive implementation of Phase 2

Requesting from Member State some template-based interface in a lsquolingua francarsquo

(ie English in addition to national language(s)) is politically sensitive

The use of each national system separately means no possibilities to cover lsquonrsquo

Member States with a single query when it could be neededapplicable

The advantages of a commoninteroperable solution for payments (that may

include a global accounting of all requests global invoices for fees due to all

participating registers etc) are absent

Translation of provided answers remains an issue (in so far as and as long as

answers will be provided in the registerrsquos native language) However one existing

60

national site (Registradores de Espantildea) proposes translation of the provided

information according to a fee per line or for a lump sum

Other national sites could adopt a similar policy (providing translation for a fee to

combine with glossaries for the translation of fixed forms labels multiple choice

options standard disclaimers etc)

61 279

2 Part II Architecture Overview

21 Introduction

211 Purpose

This lsquoArchitecture Overviewrsquo document is a draft revision of the contractual deliverable

produced in the scope of the lsquoTask no 2 ndash Technical implementation analysis with

alternativesrsquo of the Land Registers Interconnection ndash feasibility and implementation analysis

It presents the current understanding with the prospect of further evolution and fine-tuning

as analysis progresses and additional information becomes available

This document has been drafted with the intention to communicate to its reader a conceptual

understanding of the architectural goals provide a high-level vision of the architecture

alternatives and their scope and evaluate the advantages and disadvantages of each

architectural approach Furthermore this document aims to ensure that there is a single

authoritative source for communicating key decisions made about the architectures proposed

in the context of this feasibility study

212 Scope

The scope of this document is to define clearly and in detail each architectural alternative to

allow project stakeholders to decide whether it is technically feasible to implement the Land

Registers Interconnection Network Thus it is in the scope of this document to

Provide a detailed description of the architectural decisions drawn including their

justification alternatives that have been considered and other relevant information

Monitor the status of the architectural decisions

Identify (where applicable) additional requirements or constraints introduced by the

architectural decisions

Provide a clear overview of each alternative within which all architecture-significant

elements are identified

Describe these architecture significant elements and other relevant key concepts in

detail (for example the common communication protocol)

Estimate performance volumetric and resilience requirements

Identify and address concerns relevant to protection of personal data and security

Sketch a potential migration and roll-out roadmap between the alternative architectures

Provide an indicative cost estimate for each alternative

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of each alternative In particular it is not in the scope of

this document to provide

A detailed specification of the common communication protocol to be employed

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

62 279

A detailed fit-gap analysis establishing the actions required so as to integrate EULIS

into alternatives 2 or 3

A detailed security analysis for the proposed alternatives

213 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo

In addition the readers of this document should have an understanding of EULIS v20 and its

capabilities

Please note that this document is primarily intended for software architects and analysts

However the format and language used remains conceptual and does not require additional

technical knowledge

214 Overview of the document

The current document is structured according to the RUPEC v50 methodology and based

on the template provided by the European Commission

However in order to properly address all concerns and requirements that have been raised in

the Technical Annex lsquoLand Registers Interconnection ndash feasibility and implementation

analysisrsquo the pre-defined sections of the document have been revised as follows

Compliance and Re-usable Architectural Assets sections are maintained as such and

cover their pre-defined aspects

Information System Description is reduced so as to provide the information elements

relevant to this study In the original template this section includes several sub-sections

that allow the clear definition of a system with existing technical assets and to

specifically define several quality elements (such as a requirements on a systemrsquos

performance resilience etc) Some of these elements (in particular the performance

aspect) are covered in sections lsquoPerformance and volumetric estimationsrsquo and

lsquoSolution resilience concernsrsquo

Architecture overviews provides the goals of the proposed architectures as well as the

architectural decisions driving their design it contains high level architecture sketches

for all three alternatives explored in the context of this study furthermore it provides a

detailed explanation of the elements appearing in all three solutions For each concept

explained its notation from the preceding diagrams is also presented to further

facilitate the readerrsquos understanding In case a concept is not relevant for all

architecture alternatives a clear demarcation is added informing the reader to which

alternative the concept is relevant

The following sections have been added

Alternatives evaluation which presents the perceived advantages and disadvantages

of each architectural alternative

63 279

Detailed cost estimation which establishes a baseline of effort for implementing

supporting and extending each alternative explored and based on these estimates

provides cost estimation for each

Migration approaches which explores the approach to be followed from migration

from a given architecture to another (based on the migration choices set on the

Technical Annex)

Performance and volumetric estimations which provides volumetric estimations

according to the information provided by Member States in Questionnaire n 3 and

establishes a set of performance requirements relevant to all alternatives

Solution resilience concerns which identifies the expected resilience of the system

and establishes requirements relevant to this subject for all alternatives

The following optional sections have been removed (as non-relevant) in the context of this

study

Document Management Compliance

OLAF Compliance

22 Information System Description

221 Information System Position Statement

For The EJP users (citizens businesses legal practitioners and the

judiciary) in the domain of Justice

Who

Need to acquire information relevant to Land Registers using the

one-stop-shop entry point to information already provided by the

EJP related to Justice at European and national Member State

levels

That Provides land registers related information and access to online

procedures

Unlike The various existing websites and systems which are available in

limited languages and support queries only to specific countries

Our Information

System

Aspires to provide different groups of users with a single entry

point in their language for all land registers related information

and online procedures

23 Compliance

231 Data Protection Compliance

In regard to Personal Data the architecture alternatives analysed in this document are

designed so that the Portal and any other component managed by DG JUST in the context of

LRI does not permanently store any personal data

It is expected however that the Portal may process such data as for example when submitting

a query containing personal data to its intended recipient In addition if it is deemed required

for technical reasons the Portal may temporarily store such data within the end userrsquos

session in which case the data are to be removed once the session is invalidated (eg when

the user logs out) or expired

64 279

24 Architecture Overview

241 Architectural Goals

The proposed architectures have been drafted with the following goals in mind

The criteria set for each alternative in the projectrsquos lsquoTerms of Referencersquo (see REF1)

are observed

The high level Business Case described in the lsquoConsolidation and extension of the

existing business analysis reportrsquo (see REF3) can be realised

The proposed solutions are flexible so that it may be possible to extend them if needed in the

future

The level of participation can be extended from the one achieved in previous efforts

242 Architecture Decisions

2421 Architecturally Significant Requirements

The proposed architecture alternatives presented later in this document conform to the

following requirements which have been identified in the conclusions drawn in REF3 Please

note that the intention is to define the high level requirements to which any of the architecture

alternatives must comply with in order to achieve the goals set earlier in this section

It is not the intention to provide a detailed set of architectural requirements that may be

immediately used for developing any of the proposed alternatives indeed it is expected that

in case the LRI progresses into development further detailed analysis will be required before

development can commence

ID Requirement Description

AR-001 Search capability The main goal of the LRI is to enable its end users to submit

queries relevant to Land Registers information to all

Member States participating in the interconnection

AR-002 Harmonisation In order to achieve the high level Business Case it is

important to ensure that the interconnection participants use

a common protocol of communication and the information

exchanged can be understood by its recipient regardless of

the information source

AR-003 Single entry point In the spirit of lsquoone-stop-shop for judicial mattersrsquo that the

European e-Justice Portal builds upon all services provided

by LRI to its end users need to be exposed through its

graphical user interface

AR-004 Support for

diversity and

gradual roll-out

One of the most important conclusions drawn in REF3 is

that the business landscape is quite diverse in various aspects

(quantity of information quality of information constraints

of accessing the information fees required etc) With that in

mind it is important to support this diversity while at the

same time ensuring that the maximum level of

harmonisation (AR-002) is achieved

65 279

ID Requirement Description

Furthermore given the varying levels of technical and

functional capability of the potential participants the

proposed solutions need to also consider an approach for

gradual roll-out

AR-005 Access Control The proposed solutions need to support the access control

policies of all the potential participants which range from

public access (ie no access control to the information) to

access allowed only to specific professionals

AR-006 Payment for

rendered services

As identified in REF3 the majority of Member States that

responded in the LRI questionnaires require a fee for the

services they provide Given that and in the spirit of AR-

004 the proposed solutions need to foresee that in addition

to any other access control policies a participant is enabled

to implement a payment scheme and control access to the

provided information according to it

AR-007 Personal data

protection

Given the nature of LRI it may be the case that its end users

use information that leads to the identification of a single

individual (such as his forename surname etc) With that in

mind the proposed solutions need to be designed in such a

way so that information that can be categorised as lsquopersonal

datarsquo is protected Table 2 Architecture significant requirements

2422 Architectural Constraints

The following constraints have been identified

ID Requirement Description

AC-001 DG JUST to only

act as facilitator

One of the most basic constraints to be taken under

consideration for any architecture alternative is that DG

JUST acts only as a facilitator of the LRI Thus the

proposed solutions should not foresee processes or assets

that require DG JUST to take direct actions in place of a

participant (eg validate a payment identify the profession

of an LRI end user etc)

AC-002 LRI only supports

information

dissemination

The main intention of the LRI is to provide an entry point

that can be used by interested parties to submit queries for

Land Registers information to LRI participants It thus must

be stressed that it is not the intention to facilitate additional

actions relevant to the manipulation of the provided

information such as submissions of updated information

either between participants or between a participant and an

end user

AC-003 Re-use of existing

assets

Several of the problems tackled by the LRI architectures

share similarities (or are the same) with the ones solved

already by previous projects of the EC Given that it is

important to take such assets under consideration regardless

of their nature (eg technical such as the EULIS Platform or

the INSPIRE directive)

66 279

ID Requirement Description

AC-004 Choice of

technology

Even though it is not in the scope of this document to

precisely define technical assets (as in explicitly define a

particular library database or operating system) it is

required to identify the technological basis upon which the

proposed architectures can be developed With that in mind

it is important to ensure that this technological basis

represents the lsquolowest common denominatorrsquo of the

technologies supported by the potential participants of the

LRI In addition it must be ensured that the technology basis

is composed of components that do not introduce licensing

concerns (eg the technology base should consist mainly of

open source components) Table 3 Architecture constraints

2423 General Findings and Recommendations

The following table summarises the architectural decisions that have been drawn during the

development of the various alternatives These decisions steered the proposed solutions and

take under consideration the goals requirements and constraints expressed in this document

as well as feedback received from the various stakeholders

ID Subject Area Decision Status38

Last Update

AD-001 Interconnection

Architecture

The interconnection

architecture to be followed is

semi-centralised based on a

star topology where a central

hub is used as the medium for

exchanging messages with

participants

In addition some central

components are put in place

to further facilitate message

exchanges

Important tasks such as

authorisation to access

content certification of a

userrsquos professional capacity

DM 06052014

38 The following codes indicate the status of decisions

DM ndash decision made The decision or recommendation has been made having weighed up the

alternatives and stated the justification

AD ndash awaiting decision All information has been gathered to make the decision but no final decision

has yet been made

AI ndash awaiting information More information is needed before a decision can be made

67 279

ID Subject Area Decision Status38

Last Update

(when required) payments

handling etc are expected to

be handled by competent

entities (including

organisations authorities etc)

that may act as peers in the

interconnection

AD-002 Communication

protocol

In order to implement a semi-

centralised interconnection a

common communication

protocol using SOAP-based

web services and supporting a

versioning scheme facilitating

gradual roll-out will be

defined

DM 01072014

AD-003 Communication

mode

The communication mode

used for information

exchanges will be a hybrid

mode using synchronous

communication for technical

calls whereas functional

responses may use either

synchronous or asynchronous

calls

DM 01072014

AD-004 Professional

Capacity

Certification

The professional capacity

certification of an LRI end

user when required is

carried out by a competent

entity with the facilitation of

EJP and using the Land

Registers Interconnection

peer available in the Member

State of the user

In order to certify the

Requesterrsquos professional

capacity the users Member

State of origin will have to

perform a registration

process Once this process is

completed the Requesterrsquos

Member State of origin is

enabled to certify the users

professional capacity when

requested by the EJP using

as input an attribute of the

Requesterrsquos ECAS account

(eg his e-mail)

DM 06052014

AD-005 Query Each participant of the LRI DM 01072014

68 279

ID Subject Area Decision Status38

Last Update

Authorisation provides the LRI Hub with an

authorisation scheme for

query submissions This

scheme is used by the LRI

Hub (and subsequently the

EJP) with the intention to

identify what query

parameters are available

what information is provided

by the participant in response

along with any additional

requirements that the

participant may set in order to

accept a query or provide a

response (eg specific

professional capacity

payment etc)

This process is modelled as

part of the common

communication protocol and

is carried out automatically

AD-006 Information

Structure

Standards

The structure of the

information to be exchanged

between LRI participants and

the LRI Hub is modelled in a

way that takes under

consideration as much as

possible the appropriate

thematic data specifications

and dictionaries of the

INSPIRE directive however

the intention is not to create a

data structure that is fully

compliant with or directly

depending on INSPIRE

DM 01072014

AD-007 Authentication

of an LRI end

userrsquos

professional

capacity

The LRI end userrsquos

professional capacity is to be

authenticated using a digitally

signed token provided by a

competent entity

At a minimum this token will

be signed using an X509

certificate issued by a trusted

Certification Authority

DM 01072014

Table 4 General architectural findings and recommendations

69 279

24231 Architectural Decision AD-001

Subject Area Interconnection Architecture Topic Interconnection

Architectural

Decision

The interconnection architecture to be

followed is a semi-centralised architecture

based on a star topology where a central hub

is used as the medium for exchanging

messages with participants

In addition some central components are put

in place to further facilitate message

exchanges

Important tasks such as authorisation to access

content certification of a userrsquos professional

capacity payments handling etc are expected

to be handled by competent entities (including

organisations authorities etc) that may act as

peers in the interconnection

ID AD-001

Issue or

Problem

Statement

Given its nature the Land Registers interconnection falls under the category

of Enterprise Integration projects In this category different architectural

approaches exist each with its own benefits and shortcomings It is thus

important to identify candidate architecture paradigms and to decide which

is the most appropriate for the Land Registers Interconnection

Assumptions No particular assumptions where used for this decision

Motivation This decision is important as it defines the basis of the proposed

architectures

Alternatives No other alternatives are considered at this time

Justification The decision to follow this architectural approach is considered appropriate

for the following reasons

a Following this approach the participating Member States remain at all

times the owners of their information and control who can access it and

under what conditions

b Existing processes (for example certifying the professional capacity of a

given user) that are already in place by the participants can be re-used

c The effort and resources required for managing and maintaining the

central components are reduced because existing technical assets of the

participating Member States are re-used

d Several central technical assets already exist and can facilitate LRI

exchanges For example the EJP will play the role of entry point for

retrieving Land Register data from participating Member States

e If required additional existing central technical assets may also be

introduced (eg ECAS ndash the European Commission solution for

authentication)

70 279

Implications Following a semi-centralised approach has the following implications

a Troubleshooting connectivity or similar interconnection issues may

become harder

b Depending upon the technical capability and capacity of the

participating Member States additional effort may be required initially

so as to set-up the LRI peer

c Depending on the architectural alternative followed it may be required

to revise EULIS so that it is conformant with this decision Indeed

EULIS is designed following an approach similar to the one described

earlier however some information elements (such as billing) are

controlled centrally by EULIS in these cases effort will be required so

as to identify and implement potential work-around

Derived

requirements

None

Related

Decisions

None

24232 Architectural Decision AD-002

Subject Area Communication protocol Topic Interconnection

Architectural

Decision

In order to implement a semi-centralised

interconnection a common communication

protocol using SOAP-based web services and

supporting a versioning scheme facilitating

gradual roll-out will be defined

ID AD-002

Issue or

Problem

Statement

When integrating information systems following a semi-centralised

approach one of the most important tasks is to establish the information

structures used for data exchanges between them as well as the kinematics

followed to perform these exchanges

Assumptions It is assumed that it is possible to draw a set of information structures that

can be used for the definition of a common communication protocol

Motivation Establishing a common communication protocol as early as possible in the

projectrsquos lifecycle is important as it drives several important elements of

the architecture definition (eg elements and capabilities required to

implement the protocol policies that need to be put in place for the protocol

to work etc)

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a A common communication protocol using open standards (such as

SOAP-based web services) and supporting a versioning scheme for

backward compatibility

b A customised communication protocol per participant In this case a

central component is responsible for receiving requests and translating

them to the format and protocol expected by the recipient

71 279

Subject Area Communication protocol Topic Interconnection

Justification Option (a) is the preferred approach for the Land Registers Interconnection

From a technical point of view using a common communication protocol

reduces the effort required in order to establish information exchanges

between the Portal and Land Register Interconnection peers In addition

any change on the protocol will be global (ie will be valid for all

participants of the Land Registers Interconnection) thus simplifying the

maintenance and further evolution of the solution

This last advantage of option (a) introduces one complexity although in

case a change is to be introduced in the protocol all participants will have

to simultaneously implement it and deploy it This problem is mitigated by

the introduction of the backward compatibility feature which diminishes

the need of a lsquobig bangrsquo approach when rolling out changes and allows

some flexibility to Land Register Interconnection participants in regard to

the implementation timeframe

With the aforementioned advantages in mind a customised communication

protocol is not favoured as it implies a substantial increase in effort not

only for DG JUST but potentially also for the Member States both in terms

of development as well as maintenance This would require that the central

component be capable of utilising 28 potentially different formats for

information exchanges

In addition these formats are not controlled directly by the implementers of

the central component (ie DG JUST) but rather from the Land Register

Interconnection participants which may introduce additional complexities

as each participant may choose to further develop or change his protocol

according to his needs and following his own implementation and rollout

plan

Given these factors it may prove impossible to manage such changes for

the implementers of the central component in a timely fashion or

substantial resources may be required in order to ensure that information

exchanges are possible

72 279

Subject Area Communication protocol Topic Interconnection

Implications a Each participant must implement a set of services according to a

common specification so as to exchange information in the Land

Registers network

b A process for the verification of conformity needs to be devised so as to

ensure that a given implementation can indeed participate in Land

Registers exchanges

c Depending on the standards and the architectural alternative followed

the EULIS implementation may have to be revised in order to conform

to the common communication protocol

d One of the main requirements for being able to establish a common

communication protocol is the ability to normalise the information

exchanged between participants However the information currently

stored in National Land Register systems is diverse Thus a dictionary

will have to be introduced in order to ensure semantic equivalence in

Land Registers Information exchanges

Derived

requirements

AD-006

Related

Decisions

None

24233 Architectural Decision AD-003

Subject Area Communication mode Topic Interconnection

Architectural

Decision

The communication mode used for information

exchanges will be a hybrid mode using

synchronous communication for technical calls

whereas functional responses may use either

synchronous or asynchronous calls

ID AD-003

Issue or

Problem

Statement

The communication mode employed between integrated information

systems is essential for defining exact behaviours both for low-level

technical invocations (eg opening a socket to a server with the intent to

write a stream of data) as well as functional calls (eg submit a search query

using a web service receive the query result in a subsequent asynchronous

invocation triggered by the initial recipient)

Assumptions It is assumed that the open standards used for defining the common

communication protocol can support both synchronous and asynchronous

invocations

Motivation Defining the communication mode is an important element that needs to be

taken into consideration since proper definition drives the technical and

functional capabilities available when defining the kinematics of the

common communication protocol Lastly it is necessary to provide a

uniform experience to the user regardless of the communication mode

followed

73 279

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a Synchronous communication mode both technical invocations and

functional calls are synchronous

b Hybrid mode technical invocations are synchronous whereas

functional calls may be either asynchronous or synchronous

Justification Option (b) is considered to be the preferable approach

Both options are similar in regards to the technical invocation part Indeed

synchronous technical invocations are required to ensure that a peer acting

as a recipient of a call immediately informs a peer acting as sender that an

invocation has been well received and will be subsequently processed

However option (b) adds flexibility on the recipientrsquos side as it allows a

variety of potential implementations to be used For example the level of

automation and technical capability of some Member States may allow them

to perform most operations synchronously (ie synchronous responses to

functional calls) whereas other Member States may have to implement

semi-automated (eg the recipient peer requires a human actor to first

manually authorise a response) or fully manual (eg a human operator

receives the request and manually issues a result) operations which call for

asynchronous responses

Lastly another benefit of the hybrid mode is the fact that it allows the

submission of the same search query to multiple Member States at the in one

action practically an end user can submit a single query to multiple peers at

the same time and receive responses as soon as each peer is able to respond

74 279

Implications a By definition the kinematics implied when following a communication

mode such as the one decided are more complex since the sender must

also implement an entry point for receiving responses for each

asynchronous functional call made Specifically assuming that a peer

acting as sender uses a service called lsquosubmitSearchQueryrsquo exposed by

another peer acting as a recipient has to also implement a service called

lsquoreceiveSearchResultrsquo which the recipient can use to communicate the

results for the query submitted

b The introduction of asynchronous functional calls requires the

introduction of control points to ensure that once a call is made a

response is provided by the recipient within a reasonable time-frame

Given the absence of a specific regulation mandating the answer to be

provided within a pre-defined timeframe it is up to the network

participants to respect the time-frames defined as part of the kinematics

of the common communication protocol Furthermore it is essential that

a third party (ie DG JUST) closely monitor these control points and

publish usage statistics with the interest of maintaining and enhancing

the service provided by the network

c Depending on the architectural alternative followed it may be initially

required to reduce the asynchronous functional calls so as to preserve

backward compatibility with the EULIS platform due to the fact that

EULIS is designed using a synchronous approach (at least as far as

search queries are concerned)

d The introduction of asynchronous calls for submitting search queries

will deny this capability to guest (ie non-registered not logged-in) EJP

users Using asynchronous functional calls mandates the existence of a

context bound to the user initiating such a call so as to ensure that the

response received at a later time can be delivered appropriately

Derived

requirements

None

Related

Decisions

None

24234 Architectural Decision AD-004

Subject Area Professional Capacity Certification Topic Security

Architectural

Decision

The professional capacity certification of an

LRI end user when required is carried out

by a competent entity This entity may be an

LR authority of the end userrsquos Member State

of origin the LR authority receiving the

request or more generally general any other

entity that is considered trustworthy to

provide this information The EJP LRI Hub

and potentially the LRI Peer may facilitate

this process

ID AD-004

75 279

In order to provide such a certification the

competent entity may have to perform a

registration process with the intent to identify

unequivocally the end userrsquos professional

capacity Upon successful completion it is

expected that the competent entity is capable

of providing a certificate proving the end

userrsquos professional capacity when requested

by the EJP and if such a certification is

required by the participant that is queried

using as input an attribute of the end userrsquos

ECAS account (eg his e-mail)

Issue or

Problem

Statement

Some of the services to be provided by the Portal as part of the Land

Registers Interconnection Network module are only available to

authenticated users whose professional role (for example notary) has to be

identified and certified However it is not in the jurisdiction of DG JUST

to validate a userrsquos claim that he is indeed such a professional

Assumptions It is assumed that if adequate information is gathered during a registration

process Member States are in position to properly identify and certify the

userrsquos professional capacity

Motivation It is important to devise an approach that ensures the non-disputable

identification and certification of the userrsquos professional capacity

Alternatives No other alternatives are considered at this time

Justification The approach taken fully supports the existing identification and

certification processes and policies implemented by Member States and in

addition leverages and re-uses existing facilities both in DG JUST (for

example the EJP ECAS etc) as well as in Member States

It allows Member States to handle their own control points such as an

expiration date to the registration which can help addressing the automated

or semi-automated process of identification revocation

Implications a The EJP will be dependent on a set of services not managed by DG

JUST in order to offer access to specific parts of the Land Registers

Interconnection It is thus required to identify the availability

scalability and security of these services and ensure that they are

conformant with the ones established for the EJP

b Depending on the standards and the architectural alternative followed

it may be required that the EULIS platform is revised so as to comply

with this decision as the current solution does not currently support

such an identificationauthentication scheme However assuming that

the alternative chosen incorporates EULIS it may be the case that the

EULIS platform is not used for queries that require elevated security

access

Derived

requirements

None

Related

Decisions

None

76 279

24235 Architectural Decision AD-005

Subject Area Query Authorisation Topic Security

Architectural

Decision

Each participant of the LRI provides an

authorisation scheme to the LRI Hub for

query submissions This scheme is used by

the LRI Hub (and subsequently the EJP)

with the intention to identify what query

parameters are available what information is

provided by the participant as response and

any additional requirements that the

participant may set in order to accept a query

or provide a response (eg specific

professional capacity payment etc)

This process is modelled as part of the

common communication protocol and is

carried out automatically

ID AD-005

Issue or

Problem

Statement

The policies (mandated by legal frameworks decisions etc) followed by

Member States regarding the provision of access to Land Registers

information are diverse The Land Registers interconnection must ensure

proper implementation of these query authorisation policies

Assumptions It is assumed that the outcome of evaluating a policy can be normalised

within the common communication protocol used for LRI exchanges For

example a rejection of a query for a specific reason can be interpreted in

all cases as lsquoFailure to execute the query due to Member State specific

policiesrsquo

Motivation This decision is fundamental for ensuring that Member States retain the

full control of the policies utilised when providing individuals from other

Member States with access to their Land Register information

Alternatives The following alternatives are considered

a The query authorisation process of each Member State is exhaustively

analysed and implemented within the Portal as part of the querying

process

b Each Member State participating in the LRI will be responsible for

providing its authorisation policy for query submissions to the Portal

This action is modelled as part of the common communication

protocol and will be carried out automatically before the requester is

allowed to submit a query

77 279

Justification Option (b) is considered to be the preferable approach

This decision is conformant with the general approach outlined in AD-

001 which foresees that Member States participating in the LRI will

remain in complete control of their Land Register data

Following the proposed approach allows Member States to demarcate

who can access their information (eg any user only professionals etc)

under which conditions (eg free access to all content pay-per-use

monthly or yearly subscription with the acceptance of specific terms and

conditions etc) and in which way (eg complete set of information

provided only a sub-set provided possibility to run queries using a

reduced number of parameters etc)

Implications a Implementing the authorisation process in a fully automated way may

be difficult to model and maintain for Member States

b Depending on the architecture alternative chosen and given that

EULIS currently does not support using query authorisation schemes

it will have to be revised in order to comply with this decision

Alternatively it may be the case that EULIS is not used for queries that

require authorisation to take place

Derived

requirements

None

Related

Decisions

None

24236 Architectural Decision AD-006

Subject Area Information Structure Standards Topic Interconnectio

n

Architectural

Decision

In the cases where Land Registers

information is exchanged between LRI

participants and the LRI Hub its structure is

modelled taking into consideration as much

as possible the appropriate thematic data

specifications and dictionaries of the

INSPIRE directive However the intention

is not to create a data structure that is fully

compliant with or directly depends on

INSPIRE

ID AD-006

Issue or

Problem

Statement

Given the nature of the Land Registers Interconnection and in particular

with the introduction of the common communication protocol an

information structure standard needs to be defined along with one or more

dictionaries for concepts used in the information exchanges

However given the specificities of the information exchanged and the

context (ie deployment of the interconnection as a module in the EJP)

further investigation is required in order to ensure that the standards and

dictionaries defined are fit-for-purpose and extensible

78 279

Assumptions The same assumptions made for AD-002 are valid for this Architectural

Decision

Motivation The main motivation for this decision is to investigate potential standards

and dictionary candidates and evaluate their fitness for using them while

defining the information structure employed by the common

communication protocol

Alternatives The following alternatives are considered

a Design the solution so as to be fully conformant with appropriate

thematic data specifications of the INSPIRE directive

b The structure of the information to be exchanged between LRI

participants and the LRI Hub is modelled taking into consideration

as much as possible the appropriate thematic data specifications and

dictionaries of the INSPIRE directive However the intention is not

to create a data structure that is fully compliant with or directly

depends on INSPIRE

c Defining a lsquogreenfieldrsquo standard and dictionaries for implementing

the information exchanges according to the specific needs of Land

Registers Interconnection

Justification Given the responses provided by Member States in Questionnaire n 3

(see also appendix 2 in this document) in regard to their current INSPIRE

compliancy as well as the implementation roadmap and further keeping

in mind the information diversity identified it is identified that the most

appropriate approach at this point in time is to proceed with alternative

(b)

The intention of this approach is that the information structure supporting

LRI exchanges (and more specifically Land Registers information) is

modelled after a mature standard whilst allowing enough flexibility to

take into account the variance in the adoption of INSPIRE by Member

States It therefore becomes possible for Member States that are already

supporting INSPIRE to easily transform their information into the LRI

format whilst at the same time Member States that do not yet support

INSPIRE can still participate in LRI without having first to become fully

compliant with the specification

Lastly this approach allows the introduction of a gradual approach in the

adoption of INSPIRE for LRI as a whole without first becoming

compliant with INSPIRE

79 279

Implications The immediate implications of this decision are the following

a Due to the complexity of INSPIRE and the width of the scope the

individuals involved in the design of the LRI information

structure need to have a sound understanding of the specification

so as to be able to re-use or use as basis the most appropriate

parts of it

b Even though the LRI information structure is not directly bound to

INSPIRE it is still necessary to closely monitor changes in that

specification and evaluate whether it would make sense to

introduce them in to the LRI information structure

c As a separate specification the LRI information structure may

eventually evolve in a different way to INSPIRE To avoid this it

is recommended that the LRI information structure is modularised

into themes (in a similar fashion with INSPIRE) so that the parts

that are common or similar with INSPIRE are isolated from other

components that may be LRI specific (eg payments)

Derived

requirements

None

Related

Decisions

AD-002

24237 Architectural Decision AD-007

Subject Area Authentication of an LRI end userrsquos

professional capacity

Topic Security

Architectural

Decision

The LRI end userrsquos professional capacity is

to be authenticated using a digitally signed

token provided by a competent entity

At a minimum this token will be signed

using an X509 certificate issued by a

trusted Certification Authority

ID AD-007

Issue or

Problem

Statement

The majority of Member States responding to Questionnaire n 2

answered positively when asked whether it would be acceptable to them

if a Requesterrsquos role is authenticated by his Member State of origin

Given this the Land Registers Interconnection must provide a process

allowing this information to be exchanged between Member States

Assumptions It is assumed that

The Requesterrsquos Member State of origin already has or is able to

implement a registration process that the Requester must undergo

in order to validate the Requesterrsquos role This process does not

have to be fully automated as long as the Requesterrsquos Member

State can provide this information when requested

The Requesterrsquos Member State currently has access or will have

access in the future to technical tools that allow digitally signing

information

80 279

Motivation It is required to define a technical process that can securely and

unequivocally transmit an authentication token containing the

Requesterrsquos role validated by his Member State of origin

Alternatives No alternatives identified at this time

Justification Reliably identifying a user using a digital signature is an industry standard

practice

Furthermore given the context of Land Registers Interconnection where

a large amount of participants wish to ensure that the information

exchanged between them indeed originates from the stated sender the

preferred approach is to use certificates issues by trusted Certification

Authorities so as to avoid the problem of each participant having to

exchange certificates with all other participants in a secure way

In practice the introduction of a trusted third party (ie the Certification

Authority) simplifies the procedure as the validity of a given digital

signature is checked by the recipient by checking whether the certificate

used is issued by a trusted third party without requiring the prior secure

exchange of the senderrsquos Public Certificate

Implications This section will be further developed once a final decision is made

Derived

requirements

None

Related

Decisions

None

243 Architecture Overviews

The following sections of this document provide an overview of the proposed architectures

for the various alternatives requested in REF1

Each alternative is described in its own sub-section initially with a diagram based on

Archimate 20 notation (see REF4) where the solution overview is presented and

subsequently with a table providing details on the key concepts shown in the diagram For

the sake of brevity details for concepts that appear in the following overviews multiple times

are only presented once with the exception of cases where a concept is used in a different

way

81 279

2431 Alternative 1 The European e-Justice Portal develops its own solution

for interconnection

The intention of this alternative is to showcase the possibility of the EJP

developing its own solution for the LRI without re-using the EULIS platform

24311 Proposed solution overview for alternative 1

Figure 16 Alternative 1 Architecture Overview

24312 Key concepts of alternative 1 proposed solution

Name Documentation

Authorisation A service module included in the Common Communication

Protocol which includes services relevant to query authorisation

Such services may include the submission of a userrsquos role (for

example notary Portal registered user etc) or other related

information (eg the userrsquos Member State) prior to the submission of

a query informing the Portal to ask the user to accept specific terms

or conditions depending on the peerrsquos authorisation scheme

allowing the Portal to submit the userrsquos acceptance to the terms and

conditions mandated by the peer for accessing Land Register data

etc

Certification A service module included in the Common Communication

Protocol which provides services relevant to the identification and

certification of an LRI end userrsquos professional capacity Services

included in this module allow the submission of professional

82 279

Name Documentation

capacity certification requests from the EJP towards the peer and

may provide various kinematics such as requesting the EJP to

inform the user that the identification process has been concluded

requesting the user to submit additional information required for the

registration to take place informing the user that the peer cannot

register him etc

It must be noted that this service may be realised already by a

competent entity however without following the technical

specifications of the LRI Common Communication Protocol (for

example this case may occur if CNUE is utilised for certifying

notaries) In such cases it is up to the LRI ESB to perform all

actions necessary so as to submit the request according to the

specifications of the service provided by the competent entity and

handle the response provided by it

Common

Communication

Protocol

Establishing a common communication protocol is essential for

realising the interconnection scheme envisaged for the Land

Registers Interconnection Network

In principle this protocol must foresee all common operations that

are expected to be supported by each peer participating in the

network These operations are further grouped into logical service

modules each relevant to the functional purpose it serves

While drafting these service modules the following key elements

are taken into consideration

A peer may be able to handle requests relevant to the

certification of a userrsquos professional capacity In this context

the peer may also be able to handle registration requests

which are used to initially identify a given userrsquos

professional capacity In this case the peer may respond

either synchronously or asynchronously in which case the

peer should provide synchronously to the hub an expected

deadline for performing the identification process On the

other hand the authentication response must be

synchronous

A peer may be able to provide a query authorisation scheme

to the EJP Doing so allows the Portal to take functional

decisions eg when to allow users to submit queries what

are the allowed queries per user professional capacity etc

A peer may be able to respond either synchronously or

asynchronously to search queries In the latter case the peer

must inform the hub on the expected deadline for returning

its response

A peer may be responsible for storing submitted queries

Please note that these queries may also include personal

data Each query submitted to a given peer must be uniquely

83 279

Name Documentation

and globally identified these identifiers are assigned

centrally (ie by the Land Registers Interconnection Hub)

and thus is not the responsibility of the peer to assign and

maintain them

DG JUST This concept represents the logical boundaries of DG JUST in the

context of LRI

European e-

Justice Portal

This concept represents the EJP It acts as a container for the LRI

Portal module and provides some of its facilities (eg ECAS

authentication web content management etc) to the LRI Portal

module In particular static parts of the information used by the LRI

Portal module (such as disclaimers the LRI Glossary etc) are

maintained by the facilities provided already by the EJP

LRI

Directory

This concept represents a module responsible for maintaining

information relevant to the functional capabilities and authorisation

schemes of the LRI participants

This concept is common for all architecture alternatives Still its

level of completion differs between each More specifically

In alternative 3 this module maintains the search parameters

allowed per participant and potentially additional technical

information required so that LRI EULIS service calls

between the LRI Hub and the LRI EULIS Peers can take

place

In alternative 1 in addition to the search parameters this

directory also holds the query authorisation scheme of each

participant including information such as payment

requirements and supported schemes for performing

professional capacity verification including trusted parties

that may perform this activity Furthermore it includes

information about competent entities that can certify the

professional capacity of an LRI end user and for each such

entity a list of the professions it can certify (eg notaries

lawyers civil engineers etc)

In alternative 2 this directory module holds the information

described in both alternatives 1 and 3

The maintenance of the information kept in this module can be a

shared responsibility between DG JUST and LRI operators of the

participants In practice DG JUST will have to maintain the more

technical information parts or parts that are not relevant to the

participants (eg competent entities performing professional

capacity certification) and LRI operators will have to maintain the

participants search parameters query authorisation schemes etc

The development of this module can be gradual Indeed the level of

information kept within it and the maintenance capabilities it can

provide can evolve according to the functional modules it has to

support

84 279

Name Documentation

LSB This concept represents the LRI Service Bus (LSB) ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI Peers Furthermore it is also

responsible for receiving the query responses from the LRI Peers

and returning them to the LRI Portal module

LRI Hub This concept represents the LRI Hub module ie a collection of

modules required for the LRI to take place

LRI Operator This concept represents the operator of the Land Register system in

a Member State

LRI Peer This concept represents a software component which implements the

common communication protocol and is deployed in the Member

State premises

LRI Portal

GUI

This concept represents the LRI Portal Graphical User Interface

(GUI) that is available to LRI end users via the EJP

LRI RI GUI This concept represents the Graphical User Interface (GUI) provided

by the LRI RI Peer and used by the LRI Operator

LRI RI Peer This concept extends the previously defined lsquoLand Registers

Interconnection Peerrsquo by demarcating a specific software component

that will be provided by DG JUST as the Reference Implementation

(RI) of the common communication protocol

This component must be designed so as to facilitate as many

integration approaches as possible it may provide integration hook

points for automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries

Member

State A

This concept represents the physical premises of a Member State

participating in the LRI

Member

State B

This concept represents the physical premises of a Member State

participating in the LRI

Member

State C

This concept represents the physical premises of a Member State

participating in the LRI

National

Land Register

system

This concept represents the system used within a Member State in

order to manage Land Register data

Notary This concept represents a registered user of the European e-Justice

portal who is also a certified notary

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing payment

information to the Interconnection Hub when such information is

required (eg inform the Hub if a given query has been paid and thus

the requester can access its result)

Portal

registered user

This concept represents a registered user of the European e-Justice

Portal

Search A service module included in the Common Communication

85 279

Name Documentation

Protocol which includes services relevant to receiving queries made

through the European e-Justice Portal as well as services which

when used by the mediating Interconnection Hub allow EJP users to

retrieve and manage previously submitted queries These services

may include retrieval of parameters from previously submitted

queries removal or cancellation of queries previously submitted etc

Secure

transport layer

Given the fact that the information exchanged between Member

States and the European e-Justice Portal may contain sensitive data

(such as personal information of a property owner) It is important to

ensure that the transport medium utilised offers an adequate level of

security

All information exchanges between the European e-Justice Portal

and Member States must be encrypted so as to avoid unauthorised

access to the data exchanged By default at least HTTPS will be

utilised for all information exchanges As an additional measure

encryption may also be provided on the network layer (for example

by using sTesta for all information exchanges between Member

States and the Portal) Table 5 Key concepts of alternative 1 architecture overview

24313 Implementation notes of alternative 1

Before proceeding further it is important to note that the design of alternative 1 caters for a

gradual deployment of the LRI if that is desired

Indeed it is possible to follow a step-wise approach where the various modules of the

common communication protocol are analysed developed and deployed in steps according

to the level of functionality desired at each step More specifically according to REF3 the

following three levels of functionality have been identified

Support for queries to land registers that provide their information publicly without

requiring payment

Support for queries to land registers that require a fee for the information provided

Support for queries to land registers that require a certification of the end userrsquos

professional capacity in order to provide either standard or additional information (and

may also require a fee for the information provided)

Given these levels it is possible to implement alternative 1 as follows

Initially the LRI Hub LRI Portal and a sub-set of the Search and Authorisation

services of the Common Communication Protocol are implemented At this point it

will become possible for LRI end users of the EJP to submit their queries only to those

Member States that do not have any strict requirement for query authorisation (ie do

not require fees or certification of professional capacity) During this phase it is also

expected that a minimal version of the LRI RI Peer is developed and delivered to

86 279

participating Member States that either do not have strict query authorisation schemes

or wish to pilot their participation in the LRI

At a second iteration the Common Communication Protocol and part of the LRI Hub

are further developed so as to allow payments to take place At this point an extended

version of the LRI RI Peer is also developed and delivered to Member States that did

not wish to participate in the first iteration

Lastly a final iteration of the Common Communication Protocol LRI Hub and LRI RI

Peer are developed and delivered to LRI participants and DG JUST providing the

complete set of LRI functionalities

Please also note that due to the versioning capabilities of the Common Communication

Protocol and in conjunction with the LRI Directory module Member States using the initial

version of the LRI Peer will not have to immediately upgrade to the latest revision if they do

not require the additional functionalities offered

2432 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

The intention of this alternative is to examine the possibility of the EULIS platform and the

LRI developed for the EJP co-existing

Before proceeding further it is important that the initial design idea of re-factoring the

EULIS platform into another LRI peer has been abandoned for the following reasons

The technical design of EULIS in regard to the search function is significantly

different Indeed EULIS merely acts as an intermediary showing to the end user a set

of search results containing only URLs which the end user must visit in order to obtain

the requested information whereas the LRI design of alternatives 1 and 2 foresees that

the actual information for a given property is contained within the response received by

the participant and rendered by the EJP

The payments design of EULIS currently facilitates accounting and billing between

Member States but does not allow payments to occur between end users and

participants

Thus the approach taken for alternative 2 foresees that EULIS is integrated lsquoas-isrsquo in to the

LRI Hub and the LRI Portal module copes with two different operational models

87 279

24321 Proposed solution overview for alternative 2

Figure 17 Alternative 2 Architecture Overview

24322 Key concepts of alternative 2 proposed solution

Name Documentation

EULIS This concept represents the logical boundaries of EULIS in the context

of LRI

EULIS

ESB

This concept represents the EULIS ESB component of the EULIS

platform The intention of this design is to integrate the DG JUST LRI

solution to the EULIS platform in the same fashion as the EULIS Web

component (see also REF5)

EULIS

service

This concept refers to the existing EULIS services which essentially

compose the common communication protocol used for EULIS

interconnections

Member

State D

This concept represents the physical premises of a Member State

participating in the LRI

Member

State E

This concept represents the physical premises of a Member State

participating in the LRI

Member

State F

This concept represents the physical premises of a Member State

participating in the LRI

Table 6 Key concepts of alternative 2 architecture overview

88 279

2433 Alternative 3 the European e-Justice Portal integrates and extends the

EULIS platform

The intention of this alternative is to integrate the EULIS platform in to the EJP largely re-

using the facilities it already provides and revising or extending them so that additional

participants may be able to integrate with it and thus participate in the LRI

24331 EULIS lsquoas-isrsquo view

Before proceeding further it is considered appropriate to briefly present an overview of the

current EULIS capabilities and architecture so as to establish an lsquoas-isrsquo view The

information provided here is an extract from the lsquoEULIS Software Architecture v20rsquo

document (see REF5) which provides a more detailed analysis on the specificities of the

EULIS platform

The information currently provided by the EULIS platform includes

Basic description of legal concepts

Description of routines and effects of registration of real property conveyance and

mortgaging

Contact information to authorities involved in the real property transactions

Access to searching real property data is provided in some European Member States to the

general public Where this is not permitted contacts and website links are provided for

ongoing investigations Additional search capabilities are provided to registered users

The EULIS platform architecture overview is presented in the following figure

EULIS 20Land

Register

Interface

EULIS 20

SQL

DataBase

MySQL

WEB

Server

HTTP(s)

APACHE

CMS ndash Public information about EULIS and Help

EULIS 20Enterprise Service Bus (ESB)

JBoss

ESB

Authorized

National

SystemsWith

EULIS 20

Support

Public user

WS Call

Authorization WS Call

Authorization

session

WS Call

Land

Information

WS Call

Land

Information

EULIS

20

WEB

JBoss

AS

Trusted users

Java JDK 16 JEE SOAP 11

XML GML 321

SubVersion Eclipse Classic 361

with JBoss Tools 320M2

ANT JAXB JUnit JMock soapUI 36

EULIS 20ESB

Use as

template

Figure 18 EULIS as-is overview

89 279

The platform is separated into the EULIS Web part which is accessible by the general public

trusted and authorised users and the EULIS ESB which is responsible for the integration of

national systems with EULIS support This later part has been designed so that it can be

provided as a lsquotemplatersquo to new EULIS participants

The mode of operation of the platform foresees that an end user visits the EULIS Web part

and eventually submits a query to a participant The participant provides a list of results that

match the end userrsquos query along with a URL in a server managed by the participant where

the end user can view the land registers information of a specific match included in the search

result

In case authentication is required the EULIS platform directs the user to register himself with

the participant he wishes to submit a query to and subsequently facilitates the authentication

process

The search capabilities of the platform include parameters such as a propertyrsquos identifier or

cadastral unit its address or the ownerrsquos nominal information

Furthermore the platform facilitates payments between EULIS participants by providing

billing and accounting services It must be noted however that actual payments do not take

place through the platform and that the current payment model works only between

participants (ie Land Registers) and not between end users and participants

Lastly as indicated in the figure the EULIS platform is largely using open source

technologies

90 279

24332 Proposed solution overview for alternative 3

The following figure provides an overview of the proposed solution in case it is decided to

proceed with this alternative

Figure 19 Alternative 3 Architecture Overview

24333 Key concepts of alternative 3 proposed solution

Name Documentation

EULIS

Common

Communication

Protocol

This concept represents the EULIS common communication

protocol It includes the services currently provided by EULIS

regarding searching authentication billing and payments

In this alternative the intention is to maintain the already established

EULIS communication protocol as far as search capabilities (ie

search parameters supported specific search criteria per participant)

the technical format of the information exchanged and

authentication are concerned

Gradually further enhancements can be introduced in this

communication protocol including

Payment and billing capabilities so that direct transactions

between LRI end users and LRI participants can take place Please

note that in this case the current system of EULIS regarding these

activities is to be completely replaced

91 279

Name Documentation

Asynchronous query submissions so as to facilitate the

participation of off-line national registers From a technical point of

view this enhancement is possible since it requires adding

additional service operations to the existing search facilities of

EULIS that will allow asynchronous submissions of queries on the

participants side subsequently on the LRI EULIS ESB side a set of

additional service operations will need to be added so that the

participants response is received at a later time

One element that has to be stressed here however is that the EULIS

communication protocol requires that the LRI EULIS peers of all

participants provides a graphical user interface accessible via the

Internet by end users

This is due to the fact that in EULIS the information provided

by a Land Register as a response to a query does not include the

actual data the end user requested but rather a URL link to a page

hosted by the relevant Land Register this page must then be

accessed by the end user in order to view the data requested

LRI EULIS

ESB

This concept represents the LRI EULIS ESB ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI EULIS Peers Furthermore it

is also responsible for receiving the query responses from the LRI

EULIS Peers and returning them to the LRI Portal module

LRI EULIS

GUI

This concept represents the Graphical User Interface (GUI) provided

by the LRI EULIS RI Peer and used by the LRI Operator

LRI EULIS

Peer

This concept represents a software component which implements the

EULIS common communication protocol and is deployed in the

Member State premises

Essentially this component is relevant to Member States that are

already integrated to EULIS or Member States that wish to

participate in the LRI and do not intend to use the Reference

Implementation provided by DG JUST

LRI EULIS

RI Peer

This concept extends the lsquoLRI EULIS Peerrsquo concept by demarcating

a specific software component that will be provided by DG JUST as

the reference implementation of the EULIS Common

Communication Protocol

This component must be designed in order to facilitate as many

integration approaches as possible it may provide integration hook

points for an automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries Lastly please note that this component will be

largely based on the EULIS Template component currently foreseen

by the EULIS SAD v20 Table 7 Key concepts of alternative 3 architecture overview

92 279

25 Work packages and effort estimation

The following tables provide a work package structure for each alternative For each work

package identified the following information is provided

An identifier

A short description of the work carried out in this work package

The expected input of this package (ie what is required to start actual work on this

package)

The expected output of this package (ie what is the tangible deliverable of this

package)

Effort estimation in man-months

Before proceeding further it must be noted that the effort estimates provided in the following

tables are merely indicative indeed given the fact that it is not in the scope of this document

to provide detailed analysis on the specificities of each solution proposed and assuming that

one of the proposed architecture approaches is considered fit for the LRI implementation

further and more detailed analysis findings may change significantly the effort estimates

provided

It is also due to the level of detail in this document that the effort estimates provided

hereunder are only based on the past experience of the Contractor in similar projects (such as

the ECRIS Detailed Technical Specifications) Evidently without a detailed view on the

exact functionalities that the LRI would provide to its end users and in the absence of a

detailed fit-gap analysis it is possible to provide effort estimates based only on empirical

data which however do sufficiently cover the expected actions to be performed for each

alternative

Furthermore the estimates are provided under the assumption that the persons involved in the

implementation of any alternative are senior experts in their domains (eg domain experts on

INSPIRE and LR data structures Enterprise Architecture Integration etc) and should be

revised accordingly if this assumption is not met

Lastly please note that the effort estimates provided in the following sections outline all

activities required until the LRI reaches production and do not include operational

maintenance or support activities

93 279

251 Alternative 1 the European e-Justice Portal develops its own solution

for interconnection

2511 Overview

The following figures present an overview of the proposed work packages required to

implement Alternative 1 organised in 3 iterations A detailed description for each package as

well as an effort estimate is presented in the sub-section lsquoDescriptionrsquo

94 279

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1

95 279

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1

96 279

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1

97 279

2512 Description

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-01

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 1

Feasibility

Study

artefacts

bull LRI information

structure

bull Search service

bull Authorisation

service

bull Versioning

4

1

WPA1-02

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 1

bull Feasibility

Study

artefacts

bull WPA1-01

Detailed technical

designs on how to

implement the

LRI Portal Hub

and Peer modules

7

WPA1-03

Implementation

of LRI Portal

and Hub -

Iteration 1

WPA1-02 Software

implementation of

the LRI Portal and

Hub modules

4 -

WPA1-04

Implementation

of the LRI RI

Peer - Iteration 1

WPA1-02 Software

implementation of

the LRI RI Peer

module

6 -

WPA1-05

Testing -

Iteration 1

bull WPA1-03

bull WPA1-04

Initial version of

the LRI rolled out

to production 7 -

WPA1-06

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 2

WPA1-01 Payment service

2

1

WPA1-07

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 2

WPA1-06 Detailed technical

designs on how to

implement

payments the LRI

Portal Hub and

Peer modules

5

98 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-08

Implementation

of LRI Portal

and Hub -

Iteration 2

WPA1-07 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

5 -

WPA1-09

Implementation

of the LRI RI

Peer - Iteration 2

WPA1-07 Software

implementation of

the LRI RI Peer

module

3 -

WPA1-10

Testing -

Iteration 2

bull WPA1-08

bull WPA1-09

Second version of

the LRI rolled out

to production 5 -

WPA1-11

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 3

WPA1-06 Professional

capacity

certification

service 2 -

WPA1-12

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 3

WPA1-11 Detailed technical

designs on how to

implement

professional

capacity

certification in the

LRI Portal Hub

and Peer modules

3

1

WPA1-13

Implementation

of LRI Portal

and Hub -

Iteration 3

WPA1-12 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

3

WPA1-14

Implementation

of the LRI RI

Peer - Iteration 3

WPA1-12 Software

implementation of

the LRI RI Peer

module

2 -

WPA1-15

Testing -

Iteration 3

bull WPA1-13

bull WPA1-14

Third version of

the LRI rolled out

to production 3 -

99 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-16

Conformance

testing with LR

participants and

roll-out to

production

WPA1-15 LR participants

integrated in LRI

solution fully

available to the

general public

12 3

Total effort estimate 68 6

Table 8 Effort estimates in man-months for the implementation of Alternative 1

100 279

252 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

2521 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 2 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 23 Work packages and deliverables of alternative 2

2522 Description

The expected effort for alternative 2 is similar to the one provided for Alternative 1 in

regards to the LRI implementation However due to the co-existence of the two platforms

it is expected that two additional work packages will have to be foreseen so as to analyse

the technical implications of integrating EULIS in to the LRI Hub and implement the

integration

In addition a supplementary test cycle needs to be performed so as to ensure that the

integration of the two systems works as expected

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-01

Detailed

technical

analysis of the

LRI-EULIS

integration

bull Feasibility

Study artefacts

bull WPA1-02

Detailed

technical

design of the

LRI-EULIS

integration

3 1

101 279

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-02

Implementation

of the LRI-

EULIS

integration

WPA2-01 Software

implementation

of the LRI-

EULIS

integration

4 -

WPA2-03

Testing and

roll-out to

production

WPA2-02 LRI-EULIS

integration

rolled out to

production

3 -

Total effort estimate 10 1

Total effort estimate (including effort of Alternative 1) 78 7

Table 9 Effort estimates in man-months for the implementation of Alternative 2

102 279

253 Alternative 3 the European e-Justice Portal integrates and extends

the EULIS platform

2531 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 3 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 24 Work packages and deliverables of alternative 3

103 279

2532 Description

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA3-01

Establishment of

the current

technical and

functional

baseline of the

EULIS platform

bull Feasibility

Study

artefacts

bull Existing

EULIS

technical

and

functional

artefacts

Detailed

functional and

technical

baseline of

EULIS

4

1

WPA3-02

Establishment of

the technical and

functional target

for the LRI

Portal module

and LRI Hub

Feasibility

Study

artefacts

Detailed

technical and

functional

target of the

LRI Portal

module and

LRI Hub

established

2

WPA3-03

Establishment of

the technical and

functional target

for the LRI RI

EULIS Peer

bull Feasibility

Study

artefacts

bull WPA3-02

Detailed

technical and

functional

target of the

LRI RI

EULIS Peer

established

2

WPA3-04

Fit-gap analysis

of EULIS

baseline and LRI

target functional

and technical

design

bull WPA3-01

bull WPA3-02

bull WPA3-03

bull Detailed

technical

design of the

changes

required so

that EULIS

can be

integrated in

to the LRI

Hub

bull Detailed

technical

design of the

changes

required to

the lsquoEULIS

Templatersquo so

8 -

104 279

Table 10 Effort estimates in man-months for the implementation of Alternative 3

26 Implementation roadmap

that it can

become the

LRI EULIS

RI Peer

bull Detailed

migration

plan of

EULIS to

LRI

WPA3-05

Implementation

of the LRI Hub

and LRI Portal

modules using

EULIS

WPA3-04 Software

implementatio

n of the LRI

Hub and

Portal

modules using

EULIS

8 -

WPA3-06

Implementation

of the LRI RI

Peer using

EULIS

WPA3-04 Software

implementatio

n of the LRI

RI Peer

modules using

EULIS

Template

5 -

WPA3-07

Extension of

existing LRI

Peer used

currently in

Member States

WPA3-04 Revised

Software

implementatio

n of the LRI

Peer module

- 5

WPA3-08

Testing bull WPA3-05

bull WPA3-06

LRI rolled out

to production 8 2

WPA3-09

Conformance

testing with LR

participants and

roll-out to

production

bull WPA3-07 LR

participants

integrated in

LRI solution

fully available

to the general

public

12 3

Total effort estimate 49 11

105 279

One of the basic requirements set by DG JUST in REF1 for the definition of the

architectural approaches presented earlier in this document is that they are designed in

such a way so that it is possible to migrate from

a Alternative 1 to alternative 2

b Alternative 1 to alternative 3

c Alternative 2 to alternative 3

Although not explicitly mentioned in REF1 these migration approaches seem to sketch a

potential deployment roadmap for the solution in which Alternative 1 is initially

implemented and then migrated either to Alternative 2 (which subsequently is migrated to

Alternative 3) or to Alternative 3

However during the course of this study it became apparent that a reasonable approach

would be to envisage the migration plan in a different order Specifically given the

capabilities currently offered by EULIS and the findings of REF3 a reasonable approach

would be to first use the EULIS platform as a springboard for developing the LRI and

then subsequently proceed in an iterative fashion toward the implementation of a

harmonised LRI which can provide the set of desired capabilities This conclusion has

been reached after an investigation of the key findings of REF3 which calls for

capabilities that are either completely absent from the current EULIS platform (such as

professional capacity certification) or are modelled in such a way that enhancing them will

essentially constitute a migration toward Alternative 1 (for example payments search and

authorisation)

In this frame Alternative 2 becomes a transitional phase where the two interconnection

approaches co-exist until all LRI participants are able to use the new LRI standard

With the above in mind a proposed migration approach starting from the current baseline

would be the following

a 1st transition phase DG JUST takes over the EULIS platform and executes the

work packages marked under Alternative 3 with the exception of WPA3-02 (ie

without implementing any additional enhancements) The intention at this stage is to

interconnect existing EULIS participants into the EJP and in addition provide an

LRI EULIS RI Peer to other Member States that may also wish to participate at this

stage It must be noted however that some existing EULIS features (such as

payments) may be difficult to implement in this scenario due to their design

However the end-result of this transition may be sufficient so as to provide LRI

participants and DG JUST with significant information on LRI and potential further

developments

b 2nd transition phase During this second transition DG JUST executes the work

packages included in the first iteration of Alternative 1 and deploys it in parallel

with Alternative 3 Before proceeding it must be noted that given the fact that

Alternative 1 is designed keeping in mind a gradual deployment it may be possible

to proceed further during this 2nd

transition and also implement the second or even

the third iterations of Alternative 1

Regardless of the number of Alternative 1 iterations the intention is to reach a

hybrid operation mode where the LRI supports both Member States using the

EULIS interconnection as well as Member States that prefer to participate in the LRI

using the new interconnection standard

106 279

Regardless of the level of completion reached in regard to the implementation of

Alternative 1 the landscape created during this transition is the proposed

Architecture of Alternative 2

c Target state ndash harmonised LRI This is the eventual target state of the LRI

architecture To reach this point DG JUST executes the remaining Alternative 1

iterations and gradually decommissions the EULIS interconnection

The proposed implementation and migration roadmap is depicted in the following figure

using the lsquoArchitecture Implementation and Migration Viewpointrsquo of Archimate 20 (see

REF4)

Figure 25 Proposed LRI implementation roadmap

107 279

27 Strengths and weaknesses of the alternatives

The following table summarises the strengths and weaknesses of each architectural

alternative analysed earlier in this document

Alternative Strengths Weaknesses

Alternative 1 the

European e-Justice

Portal develops its

own solution for

interconnection

Complete functional

capabilities due to the fact

that alternative 1 has been

designed whilst keeping in

mind the wide scope of LRI it

offers the most complete set of

functionalities allowing

flexible search queries to one

or more participants

integrating dynamic

authorisation schemes

provision of responses to

search results and facilitating

direct payments from LRI end

users to LRI participants

High degree of flexibility

The proposed solution for

alternative 1 has been

designed so that several

aspects which are difficult to

address immediately or may

change in the future are

abstracted Doing so allows

adding further capabilities

(such as certifying

professionals using a service

provided by a competent

authority)

Potential for expansion The

design of the solution allows

future expansions as the

information exchanged

between LRI participants and

the EJP is formally structured

and may be further processed

or enhanced according to

business needs An example of

this potential is the automatic

translation of labels and pre-

defined terms A further

development that would

leverage existing EJP facilities

could be the complete

translation of the information

Effort required Evidently Alternative 1

requires more effort than

alternative 3 in order to be

analysed and deployed

Previous investment

underutilised Given that

in Alternative 1 EULIS is

not utilised the investment

already made by Member

States integrated in this

platform will be

underutilised

High complexity The

findings of this feasibility

study although not detailed

to the level of enabling the

immediate production of an

actual LRI system have

shown that a variety of

subjects (such as the

certification of professional

capacity) may prove to be

much more difficult than

anticipated in terms of

analysis as well as

implementation Thus the

effort estimated for

implementing alternative 1

may change depending on

the findings of further

analysis

108 279

Alternative Strengths Weaknesses

exchanged using machine or

manual translation

Alternative 2 the

European e-Justice

Portal interconnects

the EULIS portal

and Member State

registers

Combined benefits A close

observation of the strengths

and weaknesses of

Alternatives 1 and 3 shows

that they are essentially

adverse as the strengths of

one solution are essentially the

weaknesses of the other Thus

given that this alternative is

designed as a combination of

alternatives 1 and 3 it

combines their strengths and

manages to diminish some of

their weaknesses especially

the ones related to the

business and functional

capabilities as well as the

underutilisation of the

investment already made by

Member States in EULIS

Effort required As shown

already in the effort

estimates presented in this

document this alternative

has the highest effort

requirement so as to roll-

out

High complexity Although technically

possible the integration of

the two different

interconnection approaches

may in the future impose

constraints in the overall

LRI service provided by the

EJP This is true currently

since some of the

functionalities offered by

the proposed LRI standard

cannot be supported by the

EULIS platform without

revising it Furthermore

DG JUST will have to

maintain two separate

service lines as the

maturation of the proposed

LRI standard may bring

additional services which

further diverge from the

current EULIS proposal or

it may be the case that

further developments in the

EULIS platform impose

new or revise existing

requirements for integrating

it with EJP

Alternative 3 the

European e-Justice

Portal integrates and

extends the EULIS

platform

Less effort required as

identified earlier in this

document implementing this

approach requires less effort

than the other two alternatives

Faster initial roll-out due to

the fact that EULIS is already

deployed and there are already

Authentication model

The current authentication

model employed by EULIS

is based on the fact that a

Land Register is capable of

authenticating its own

users However as

identified in REF3 this

hypothesis is not valid for

109 279

Alternative Strengths Weaknesses

Member States participating in

the interconnection it is

expected that the initial roll-

out of alternative 3 should

take less time to roll-out in

production than the other two

alternatives

Technology portfolio The

components used to

implement EULIS are

conformant with the

technological landscape

identified from the responses

Member States provided in

Questionnaire n 3

all Land Registers

Eventually the

authentication model

employed by EULIS will

have to be revised

resembling the one

proposed in Alternative 1

so as to be able to scale on

a pan-European level which

will require additional cost

Fewer capabilities by its

definition the model

employed in EULIS

imposes certain restrictions

on the capabilities that can

be developed without

altering the platform to the

point that it starts

resembling Alternative 1

For example the

certification of an end

userrsquos professional capacity

is not supported thus Land

Registers that require such

a certification for providing

basic or enhanced

information services will

not be able to provide their

services

Another example is the

provision of responses to

search results which does

not allow easily decorating

them with additional

information that is or may

become available on the

European e-Justice Portal

Asynchronous calls are

not supported By

definition search queries in

EULIS are executed in real

or near-real time This

however imposes certain

restrictions Specifically it

imposes a direct

dependency between the

service provided by the EJP

110 279

Alternative Strengths Weaknesses

and the information

provider (ie the Land

Registers) as without

modifying the current

EULIS mode of operation

a Land Register must be

on-line both for receiving a

request as well as for a user

to be able to view the result

of the query submitted

This constraint makes

difficult the participation of

off-line registers and

imposes an increase in the

technical availability the

LRI EULIS peers

Table 11 Strengths and weaknesses summarisation for all alternatives

111 279

28 Performance and volumetric estimations

The following table provides a set of rough estimates regarding the expected increase of

traffic on the European e-Justice Portal due to the introduction of the LRI Please note that

the numbers provided reflect expected numbers of transactions that the EJP may have to

serve once the LRI is deployed and available to the general public however at this point

it is not possible to foresee the increase in unique visitors for the EJP as the exact

behaviour users currently show when submitting queries to existing Land Registers or

EULIS is not clear Indeed it may be the case that a single user triggers multiple

transactions or that each transaction may belong to a single user

Furthermore it must be noted that providing volumetric and performance estimations with

high accuracy is not possible as certain elements (eg exact services to be provided by the

EJP level of integration with Member States etc) are not yet clearly defined It is

however possible to provide rough estimates using a set of reasonable assumptions per

alternative Given this in the case the LRI project proceeds to the analysis and

implementation phases it is expected that the estimates provided in this document will

need to be revised

Alternative Assumptions Calculation approach Estimated

amount of

transactions

Alternative 1

the European e-

Justice Portal

develops its own

solution for

interconnection

An estimated

maximum of 1 of

the reported number

of current Land

Registers transactions

are expected to be

cross-border

The figures provided by

Member States are

summed and a 1

volume is calculated

61700 per

month

Alternative 2

the European e-

Justice Portal

interconnects the

EULIS portal and

Member State

registers

The assumptions for

Alternatives 1 and 3

remain the same

The estimates for

Alternative 1 and 3 are

summed

620780 per

month

Alternative 3

the European e-

Justice Portal

integrates and

extends the

EULIS platform

The current

amount of queries

served by EULIS

per month is 100

This figure

represents the

traffic generated

with 5

interconnections

All 28 Member

States will

participate in the

interconnection

The potential number of

interchange routes

between current EULIS

participants is calculated

to 20 [NN-1]

The expected number of

interexchange routes in

case all 28 Member

States participate in

EULIS is 756

The final result is then

calculated by the

formula

[Current Routes][Future

queries] = [Expected

3780 queries

per month

112 279

routes] [Current

queries]

Table 12 Volumetric estimations

29 Re-usable architectural assets

The architecture alternatives proposed in this document re-use existing technical assets of

DG JUST and EULIS as much as possible In particular the following elements are

currently re-used

The EJP

ECAS (European Commission Authentication Service)

The EULIS ESB

It must be noted that when the Land Registers Interconnection is developed additional

analysis will be required to determine the exact functional and technical capabilities to be

re-used by the aforementioned assets as well as to identify other systems that may be re-

used

113 279

3 Part III Proposals for handling payments

31 Introduction

311 Purpose

The purpose of this document is to present the solutions that are proposed for handling

payments in the context of the Land Registers interconnection The proposed solutions

take into account all of the requirements set by DG Justice as well as the business needs

constraints and requirements identified by the analysis that has been carried out in the

scope of the Land Registers Interconnection feasibility and implementation analysis

project

312 Scope

Given the purpose of this document it is within its scope to

Provide a high level description of the various terms relevant to the domain of

payments with the interest of establishing a common understanding between

readers

Document the initial requirements set by DG Justice (see REF1 section 242)

Present the key findings of the analysis phase of the project that are relevant to

payments according to the responses received by Member States mainly in

Questionnaire no 3

Using as basis these key findings identify and extract additional requirements

Propose a logical design for a solution that may be used in the context of LRI and

clearly show how it interacts with the proposed architectures analysed in Part II

According to the information collected the requirements and constraints and the

logical design propose a set of physical designs that may be utilised in the context

of LRI These proposals are described at a level that is sufficient for the

stakeholders to assess the feasibility of the proposals and select the one that better

fits their needs and constraints

Catalogue the strengths and weaknesses of each proposed physical design

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of the proposed solutions In particular it is not in the

scope of this document to provide

A detailed specification of the technical interfaces that may be used for realising

payments

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

A detailed analysis of potential service providers that can be employed for

realising the proposed solution

A security analysis for the proposed solutions

A potential implementation roadmap

114 279

313 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo of REF7

In addition the readers of this document are invited to first study the lsquoBusiness Analysis

Reportrsquo (see Part I) and lsquoArchitecture Overviewrsquo (see Part II)

Although the themes discussed in this document require a certain level of understanding of

payments (electronic or otherwise) the language and format try to facilitate the readerrsquos

understanding either by providing simplified background knowledge on the subject or by

remaining conceptual as much as possible so as not to require additional technical

knowledge from the reader

314 Overview of the document

Proposing an appropriate payment solution for the Land Registers Interconnection is a

complex task that has been tackled in iterative steps starting from the basis established by

DG Justice in the projectrsquos lsquoTerm of Referencersquo (see REF1) and reaching the point where

it becomes possible to define a high level payment solution and propose payment systems

that is able to support it

The structure of this document resembles the process followed

a Initially readers are introduced to some general background information regarding

payment systems and payment service providers in Section lsquoIntroduction to

payment systemsrsquo

b Subsequently Section lsquoPayment solution overviewrsquo establishes information

elements that are used to drive the definition of the proposed solution In short this

section

Presents the business baseline as established by DG Justice in REF1

Identifies the key findings of the responses received by Member States in

Questionnaire nr 3

Draws a set of high level requirements

c Building on the information presented earlier in the document Section lsquoProposed

Payment Solutionsrsquo presents a proposed solution design Specifically this section

Presents a logical solution design explaining its key concepts and showing

how it interacts with the design proposed in the lsquoArchitecture Overviewrsquo

document (see Part II)

Identifies potential implementation alternatives and maps them to the

logical design

Compares the strengths and weaknesses of each alternative

Please note that in the context of this study existing implementations of payment systems

employed by other projects (eg the solution implemented by EULIS or the EBR system

implemented by ES) have also been taken into consideration Where appropriate these

systems are mentioned however it is not the intention to cover their scope functionality

or features in detail in this document

115 279

32 Introduction to payment systems

This chapter provides a brief description of the general landscape of payment systems for

the sake of comprehension and completeness

321 Definition of a payment system

In the context of this document the term lsquopayment systemrsquo generally refers to a network

that facilitates monetary exchanges between bank accounts The term lsquosystemrsquo denotes a

particular characteristic of this network which is that exchanges taking place within it are

not performed using actual cash but rather substitutes (eg credit cards debit cards etc)

These substitutes can also be referred to as lsquopayment instrumentsrsquo as they are the tools for

implementing these monetary exchanges

Furthermore a payment system defines how payments are processed or lsquocleared and

settledrsquo This latter term includes all activities that take place from the moment a monetary

exchange starts up until the moment the amount of money paid is actually moved in the

account of the recipient

It must be stressed here that a payment system facilitates monetary exchanges between

two bank accounts ie the connection between payer and payee is mostly one to one

322 Types of payment service providers

Although it is possible for an individual enterprise or organisation to establish all

processes required so as to enable payments for the services they provide the preferred

approach is to request the implementation of a payment system from a payment services

provider

Such providers offer their expertise in the field of payments and provide a variety of

services which can be summarised to the following

a Connection to multiple banks card and payment networks

b Management of the aforementioned technical connections as well as of the

relationships with external bank accounts and networks which quite often

translates to cheaper fees for entities utilising the services of a provider and less to

no effort required for the management of interconnections

c Risk Management services for bank and card based payments

d Matching of transactions and payments

e Offer reporting services to end users

f Offer additional facilities such as shopping baskets

116 279

Depending on the breadth and depth of services offered by a payment services provider it

is thus possible to generally separate them into three categories39

a Distributors are payment service providers that take over the technical burden for

end users to accept payments They build and maintain the connection to many

payment systems (cards and alternatives) Thus an end user needs only to connect

to one Distributor to be able to accept several payment methods

Distributors do not collect funds related to different payment systems as end users

are paid directly by the financial institution that process their card and alternative

payments

This type of payment service provider is better suited for end users requiring only a

few payment options or capable of handling their own reconciliation

It must be noted that the capability to handle reconciliations (ie matching orders

with received settlements) is very important when using such payment service

providers Indeed due to the fact that separate settlements for every payment

system accepted are received in different frequencies and delays the process of

reconciliation can be a time-consuming and costly process

b Collectors are payment service providers that streamline settlement for all

accepted payment systems combining them into one settlement Thus end users

receive all payments in one batch to their bank account and get reporting that

simplifies payment reconciliation

Such payment service providers are ideal for end users requiring many payment

options to serve their audience

However it must be noted that negotiation of transaction fees and contracting

remain the responsibility of the end user This can be useful in the case of end

users with a substantial amount of transactions However in cases where the size

of the transactions is not sufficient it may be difficult for the end user to secure

better pricing on transaction fees

c Aggregators are payment service providers that act as a one stop shop for end

users they take over the technical burden to accept payments collect the funds for

several payment systems and contract with the individual payment methods

The difference between the Collectors previously mentioned and the Aggregators

is that the Aggregators contract with the payment method company on behalf of

end users thus managing to achieve better transaction fees due to the total number

of transactions Thus there is no need for end users to negotiate transaction prices

or contract with the financial institution that processes the payment method

Distributors differ from Aggregators due to the fact that the latter also collect

funds settle the end userrsquos bank account and negotiate the terms with the payment

method company

In practice end users that are not interested in offering a substantial variety of

payment options and are not in the position to negotiate better terms for their

contracts should prefer to use such payment service providers

39 Please note that the information presented here is loosely based on httpwwwabout-

paymentscomknowledge-baseproviders

117 279

33 Payment solution overview

331 Solution goals

The majority of Land Registers require a fee for the information they can provide to their

end users Assuming that the Land Registers Interconnection project is implemented it is

expected that such fees will remain in place

An initial concern is the fact that transactions need to take place in a diverse environment

The end users of the European e-Justice Portal that may be interested in Land Register

information are mainly citizens of the EU Member States thus a payment system used to

support the required payments need not only be presented in their native language but also

support the payment instruments (eg debit card credit card etc) available to them

This concern is also valid for Land Registers however with a minor variation indeed any

payment system proposed in the context of LRI needs to support the currencies currently

employed by Land Registers in EU In addition Land Registers may need to establish

contractual agreements with the provider of such a payment system so it becomes

important to ensure that if required such contractual agreements are possible from a legal

and regulatory point of view and beneficial for Land Registers participating in the LRI

Furthermore any payment solution proposed must be set-up using an external payment

solution provider since the European Commission does not have the mandate to

intermediate monetary transactions between the users of the European e-Justice Portal and

Land Registers for services rendered

Thus the immediate goals of a payment solution for the LRI are identified as following

a Ensure that the specificities of participating Member States in terms of legal or

other constraints are adhered to

b Support the payment models currently employed by Land Registers

c Be compliant with the architectures proposed in Part II

In this context DG Justice pinpointed (without implying a specific restriction to them)

three potential alternatives that could be considered

a Existing payment systems that Land Registers have in place are re-used provided

that these systems are or can be available in a language that the end user

understands and support the payment instruments available to the end user

b A competent authority (eg the Land Register of the end userrsquos country of origin)

to which the end user is registered is responsible for receiving the cost of the end

user consultations the end user may reimburse this cost to the competent authority

according to the models supported by it (eg pre-payment in form of credit post

payment for the exact amount of consultations performed etc)

c A central payment service is used handling all transactions between end users and

Land Registers

118 279

332 Key findings

In the context of this study participating Member States were asked to provide

information relevant to the payment systems currently employed if any as well as

information relevant to the subject of payments The answers provided by Member States

have been used in order to establish the current payments landscape The findings are

summarised below according to their domain of interest

ID Finding Description

KF-001 Payment

required

The majority of Member States providing access to LR

information require a fee either before a query is

submitted or before the actual data are delivered to the

user In Member States where payment is required the

exceptions to this finding are

a Basic searches (eg using the property identifier)

b Search queries submitted by the owner of the

property or the national administration

KF-002 Pricing The price for providing the requested information varies

between Member States

KF-003 Risk

management

Member States in principle tend to avoid risks related to

non-payment of the service rendered Indeed most

Member States deliver the requested information only

after payment for it has been cleared

KF-004 Payment

models

It has been found that Land Registers employ a variety

of payment models which can be summarised to the

following

a Recurring (eg monthlyyearly subscriptions)

b One-off (eg pay per use before receiving the

information or before submitting a query)

Furthermore Member States employ two different

timings for their payment models Pre-paid method of

payment is the most common (used in 14 Member

States) whereas 9 Member States also support post-paid

models

KF-005 Payment

instruments

Before proceeding further please note that a detailed

breakdown of the payment instruments used as well as

current developments is presented in Consolidated

responses from questionnaire nr 3 to this document

A wide spectrum of payment instruments are used by

Member States it has been found that the most used

payment instrument is Credit Transfer with Direct Debit

being second (both of which cover 68 of all

payments) and Cheque being third

It must be noted also that several Member States have

already introduced or plan to introduce card payments

which are mostly used for one-off payments or

payments by non-registered users

119 279

ID Finding Description

Some Member States also accept cash payments

however the volumes are with the exception of one

Member State very low

The characteristics of the payments instruments

employed by Member States are largely based on the

end-user types supported For example users accessing

the system via registered or subscription-based accounts

generally pay a monthly invoice either by Credit

Transfer or by Direct Debit whereas one-time users

prefer paying by Card Domestic lsquoreal-timersquo payment

traditional payment instruments (ie Cheques) or Credit

Transfer

It also should be noted that most of the Member States

supporting Direct Debit are requiring lsquoirrevocabilityrsquo of

the payment which practically means than once such a

payment takes place it is not possible to dispute it this

last observation falls in line with the risk aversion

identified earlier in lsquoRisk managementrsquo

KF-006 Volumes Before proceeding further please note that a detailed

breakdown of the transaction volumes is presented in

Consolidated responses from questionnaire nr 3 to this

document

According to the information provided by 9 Member

States the total amount of transactions related to intra-

border payments made is estimated between 45 and 55

Million transactions with an additional 2000 ndash 3000

cross-border payments taking place per year It must be

noted that the figures provided here should be

considered as indicative since in some cases Member

States only provided approximations on the transaction

numbers and not precise volumes

KF-007 Payment

Service

Providers

Payment services are used mainly for Card payments

and are usually supported by Payment Service

Providers who also offer a mixture of payment

instruments including debit credit and direct transfers

KF-008 Multi-

currency

accounts

Nearly all participants do not use or require accounts in

multiple currencies ie they work with their domestic

currency or Euro

Table 13 Key findings

120 279

333 Significant solution requirements

Taking the findings of the study into consideration the requirements listed in the

following table have been identified

ID Requirement Description

SR-001 Payment

instruments

Any proposed payment solution should support at least

Credit Transfer and Direct Debit as these are the most

popular payment instruments and it is expected that

they will retain their prominent position Given the new

developments that take place in Member States it is

also advisable to include Cards as a payment

instrument which also supports near 100 Straight-

Through Processing40

(STP) and is expected to support

the phase-out of older payment instruments such as the

Cheque and Cash payments

SR-002 Payment

models and

pricing

As identified in KF-004 and KF-005 Member States

employ a variety of payment models which are mainly

determined by the type of user served by each

individual Land Register

Assuming that user profiles remain similar in the LRI

and keeping in mind that the proposals made in the

context of this study should not drastically change the

current way of working for interconnected Land

Registers any proposed solution should impose

minimal (if any) restrictions on supported payment

models and should allow Land Registers to establish

their own pricing per model

SR-003 Flexibility It has been observed that most Member States are

currently in the process of changing their approach on

payment systems This in conjunction with the changes

currently occurring in the payment systems sector as a

whole create a volatile payments landscape which leads

to the conclusion that any proposed payment solution

must also be able to cope with this environment

SR-004 Conformance

to standards

Any proposed solution should support current

international standards that are in use today or are to

become compulsory in the near future

SR-005 Support for

simultaneous

payments

In order to enhance the end user experience any

proposed solution should facilitate payments to multiple

recipients using a single uniformed process

40 Straight-Through Processing (STP) enables the entire trade process for capital market and payment

transactions to be conducted electronically without the need for re-keying or manual intervention subject to

legal and regulatory restrictions The concept has also been transferred into other sectors including energy

(oil gas) trading and banking and financial planning

121 279

ID Requirement Description

In practice this means that if an end user chooses to

submit queries to multiple Land Registers the solution

should allow grouping these queries into one shopping

basket and eventually ask the end user once to confirm

his selection and pay according to the payment model

supported by the Land Registers included in the basket

SF-006 Support for

multiple

languages

Any solution proposed must provide its graphical user

interface in all official EU languages

Table 14 Solution requirements

34 Proposed payment solutions

341 Logical solution design

In principle the solution needed for establishing LRI payment services resembles that of

an electronic commerce platform In practice this implies that at least the following set of

facilities should be provided by the proposed logical design

a A shopping cart that may be used by end users so as to collect services they are

interested in buying

b A way for merchants (ie Land Registers) to create organise and evaluate their

products (ie search services)

c An accounting facility that may be used to keep record of transactions and extract

reports

d An interface that can be used by end users so as to pay for their selected services

A solution that includes such facilities is further described in the following sections

122 279

3411 Design overview

Figure 26 Logical payment solution overview

3412 Design significant concepts

Before proceeding further readers are encouraged to read through the LRI lsquoArchitecture

Overviewrsquo (see also Part II) where several of the concepts used are described in detail

Name Documentation

EJP This concept represents the EJP

LRI Portal

Module

This concept represents the LRI module that is available to

the general public via the EJP It is responsible for all visual

elements relevant to the LRI including the rendition of search

forms according to the search criteria allowed by the recipient

of the query informing the user on the expected quantity and

quality of information etc

LRI Portal GUI This concept represents the LRI Portal Graphical User

Interface (GUI) that is available to LRI end-users via the EJP

Shopping basket

service

This concept represents the interaction between the Shopping

Basket and the Product Management services offered by the

Payment Services Platform and its visual implementation

which is hosted in the LRI Portal GUI

End user This concept represents the collaboration between the LRI

123 279

Name Documentation

payment services Portal module and the Payment Services Platform so as to

deliver the functionality required so that EJP registered users

can pay when required for the search queries they submit via

the LRI Portal GUI

Portal registered

user

This concept represents a registered user of the e-Justice

Portal

Shopping Basket A service module provided by the Payment Services

Platform which includes all components necessary so that an

EJP registered user can add remove or modify products (such

as queries to Land Registers monthly subscriptions etc) It

allows the collection and categorization of these products and

by interfacing with the Product Management service module

it is capable to provide to the end user a detailed view of the

value of the products included in his basket

Product

Management

This service module enables the creation and management of

products that are offered via the EJP LRI Portal GUI It

supports creating product bundles according to Land Register

requirements (eg pre-pay monthlyyearly subscription etc)

as well as defining specific policies for them (eg available

only to notaries) and may allow the calculation of the price of

a given product even if it of post-paid nature by providing

some standard prices

Payment

Services Platform

This concept represents a platform that offers a set of services

relevant to payments and accounting Although seen here as a

single logical component in reality it may be logically

partitioned according to the approach followed by its

implementer

Order clearance This service module provides all services and interfaces

required so that an EJP end user can pay for the products he

has added in his shopping basket It provides the necessary

screens so that end users can approve or reject the amount to

be paid for a given order allowing them to select the currency

to be used for payments as well as the payment means (eg

credit card debit card bank transfer etc) Furthermore this

module coordinates with Accounting in order to check if

products of the end users order do not require further

payment (eg a query is included that is covered by a

previously paid for monthly subscription)

In case the Payment Services Platform does not support

payments to multiple recipients at once this module

facilitates the end user during the payment process by keeping

in store as many payment details as possible requiring thus

the end user to fill in only the absolutely necessary

information multiple times (eg provide a token to authorize a

given transaction)

Accounting This service module contains all services and graphical user

interfaces so as to enable accounting It keeps a record of the

various transactions between EJP registered users and Land

124 279

Name Documentation

Registers and thus allows (a) keeping a record for previously

paid products (eg monthly subscriptions) and (b) if the

Payment Services Platform supports executing payments to

multiple recipients and in collaboration with the Payment

Execution service module it allows the implementation of

payments to multiple recipients

Payment

execution

This service module allows the execution of payments to

Land Registers using payment protocols supported by them

Depending on the capabilities of the Payment Services

Platform this module may allow implementing simultaneous

payments to multiple recipients

Common

Communication

Protocol

This concept represents the Common Communication

Protocol established in LRI lsquoArchitecture Overviewrsquo In the

context of this document this concept is used in order to

reflect that the Payment module included in it may interact

with facilities provided by the Payment Services Platform

Payment

clearance

This concept represents the interaction between the LRI

Portal GUI with the Payment Services Platform with the

interest of retrieving information relevant to the clearance of

payments made by EJP registered users As soon as a

transaction is marked as processed successfully the LRI

Portal GUI allows end users to submit their queries to Land

Registers Furthermore it is assumed that Land Registers

accept that if a consultation requiring a fee is submitted by the

EJP the end user submitting it has already paid the amount

required and do not require further information on this fact

either from the EJP or the Payment Services Platform

Business

payment services

This concept represents the collaboration between the EJP

and the Payment Services Platform in order to deliver the

functionality required so that the EJP can when required

retrieve payment information relevant to a given query

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing

payment information to the Interconnection Hub when such

information is required (eg inform the Hub if a given query

has been paid and thus the requester can access its result)

LRI Peer This concept represents a software component which

implements the common communication protocol and is

deployed in the Member State premises

Automated

product

management

This concept represents the interaction between the LRI Peer

with the Payment Services Platform with the interest of

automatically managing the products offered by a Land

Register via the LRI Essentially it allows Land Register users

to create or modify service bundles (such as pre-paid

consultations monthly or yearly subscriptions etc) using

their own systems and eventually publish this information

using this interaction to the Product Management service

module of the Payment Services Platform

Product This concept represents the collaboration between the LRI

125 279

Name Documentation

management

services

Peer module and the Payment Services Platform so as to

enable automations related to Product Management

Table 15 Key concepts of the payment solution design

342 Physical payment solutions

The previous section provided a logical solution which can support the establishment of an

electronic marketplace for the LRI However it is important to identify candidate physical

solutions which are based on the three alternatives discussed in section lsquoSolution Goalsrsquo

and evaluate their match against the logical design proposed

These physical solutions have been identified using as basis the information provided by

Land Registers in Questionnaire nr 3 or in the case of the Virtual Bank are lsquogreen-fieldrsquo

proposals

Before proceeding further it must be stressed that the proposals made in this document are

not exhaustively analysed The intention is to present to the reader a high level view of

each proposal so that a decision can be reached and an implementation road-map can be

drawn Indeed it is expected that in case any of these solutions are chosen for further

development detailed analysis will be required for its realisation

3421 Solution 1 Usage of existing payment systems

34211 Description

As identified in KF-001 the majority of Land Registers requires some form of

compensation so as to provide access to LR data Furthermore the responses provided by

Land Registers in regard to the services they provide electronically (see Part II) leads to

the conclusion that several of them have already established payment systems they use

using specific Payment Service Providers (PSP) for that purpose

In this approach Land Registers would maintain their existing PSP and the LRI payment

solution would be required to integrate with them The key point to observe is that instead

of having a single Payment Services Platform the solution utilises multiple ones since the

existing PSP will play this role The LRI payment solution implementation will be

extended in order to map LR and their corresponding PSP By default it is expected that a

single PSP will be assigned to a single LR however it seems reasonable to also expect that

in cases where LR share PSP (eg UK and NL) it may be possible to reflect this in the LRI

Payments configuration Assuming this model is followed it may also be expected that

eventually LR that do not currently use a specific PSP establish agreements with one of

the supported

Given the above a major deviation from requirement SR-005 is immediately identifiable

Indeed due to the fact that different PSP are to be used in this solution it is expected that

in most cases end users of the EJP will not be able to group services from multiple LR in

their shopping basket thus making it impossible to make a single payment for all desired

services

126 279

Furthermore the following assumptions must be true for this solution to be considered as

a viable candidate

a The PSP to be integrated and provide graphical user interfaces that end users can

use preferably in all official EU languages or at least in English

b The PSP offers a Shopping Basket service or supports integration with one that is

readily available in the market

c Product management is handled by facilities provided either by the PSP or the LR

Regardless of the approach it is possible to integrate the EJP to this service

d The PSP offers a variety of payment instruments that are available to all citizens of

EU

Hence in this approach an expected flow of actions for an end user to acquire his required

services would be the following

a The end user selects a set of services offered by a single Land Register At this

point EJP may determine additional LR available for selection to the end user

depending on the PSP used by them

b The shopping basket shows a calculated valuation in accordance to the

information provided by the Product Management module

c The end user decides to check-out his shopping basket He is then forwarded to the

payment clearance page of the specific PSP used by the Land Register where he

can choose his desired payment method

d Once payment is made by the end user and depending on the type of PSP (ie

Distributor Collector or Aggregator) and any specific agreements in place the

Land Register is informed and can subsequently allow queries to be submitted by

the end-user

e After this point the services bought by the end user become available to him

34212 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario However

given the fact that the PSP is not common for all participants

the EJP must either

a Not allow combining services from multiple Land

Registers as it will not be possible to make a single

payment for them

b Evaluate on a case by case basis which services may be

combined together

Approach (b) may work in cases where two (or more) Land

Registers share the same PSP and if it supports splitting

payments received to multiple recipients

Shopping Basket This service remains in place in this scenario It must be

noted however that the Shopping Basket implementation

chosen to be deployed will have to be possible to integrate

with the PSP employed by Land Registers

Product

Management

This service is expected to be provided by the LR PSP

127 279

Name Documentation

Payment

Services Platform

Even though the concept of the Payment Services Platform

does not seem to be valid in this scenario in reality it still

represents a set of services relevant to payments however

instead of employing one central platform the proposed

solution places the existing PSP in this role

In practice this means that one PSP can be used for one (or

more) Land Register

Order clearance This service is provided by the Land Register PSP It must be

noted that any graphical user interfaces provided by this

service must be either in the end userrsquos language or in

English

Accounting This service may be provided by the Land Register PSP or by

the Land Register itself

Payment

execution

This service is provided by the Land Register PSP

Payment

clearance

This concept remains the same in this solution However its

technical characteristics are determined by the lsquoBusiness

Payment Servicesrsquo collaboration

Business

payment services

This concept remains the same in this scenario However

instead of the EJP directly communicating with the PSP in

order to clear a payment made by an end user in this scenario

it is expected that the EJP forwards the end user to the LR

which subsequently passes the end user to its PSP of choice

The end user then makes all actions necessary so as to pay for

the services he has chosen and the payment clearance is

returned by the PSP to the Land Register Finally the Land

Register communicates with the EJP notifying it that the end

user payment has been successfully cleared

Table 16 Mapping key concepts to solution 1

3422 Solution 2 Mutual-trust model

34221 Description

This approach is currently employed in various forms by some of the participating

Member States and is similar to the service offered in the EULIS platform although this

does not provide a payment system in itself but rather an accounting system facilitating

payments

In essence an end user will have to establish an account with a competent authority

Subsequently the user may

d Pay a monthly fee which allows him unlimited LRI access

e Pre-pay an amount which is used as credit for LRI consultations

f Pay nothing upfront but receive periodic bill for LRI consultations he has

performed

128 279

These operation modes are available to LRI users according to the capabilities offered by

the competent authority with which they establish their account ie it may be the case that

a given authority supports more than one operation mode

Furthermore when an end user submits a query to a Land Register the recipient is able to

determine the competent authority to be billed using as input an identification token that

unequivocally binds the end user submitting the query to a competent authority

At a later time the Land Register issues an invoice to the competent authority which

details the services billed over a period of time this invoice may include various details

(such as type of queries type of responses provided etc) as well as information necessary

for the identification of end users that have consulted the LRI service during the billing

period At this point the competent authority reimburses the costs of service use to the

Land Register

It must be noted that due to the nature of this model it may be the case that the Payment

Services Platform employed which essentially becomes an accounting platform as the

payment element is removed may have to be custom-built since finding a service provider

for such a specialised set-up can prove to be difficult

34222 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario

Shopping Basket In this scenario and given the fact that no direct payments

are required by end users the shopping basket services is

only used for the purpose of collecting the services chosen by

the end user which are subsequently stored and processed in

Accounting

Product

Management

This service is expected to be provided by the Payment

Services Platform

Payment

Services Platform

In this scenario the Payment Services Platform works as an

e-commerce platform providing supportive services to LRI

participants without however implementing actual monetary

transactions between them

In practice it facilitates accounting reporting and product

management and allows end users to create collections of

services without actually imposing payments

It must be noted that it is not up to the Payment Services

Platform to facilitate the transfer of the identification tokens

required so that Land Registers can determine the competent

authority to be billed This process is expected to be

implemented by the Identification service module of the LRI

architecture

Order clearance This service is not required in this scenario

Accounting This service is expected to be provided by the Payment

129 279

Name Documentation

Services Platform In this solution this service module is

responsible for keeping a record of all transactions recorded

between users of a given competent authority and Land

Register Subsequently its reporting capabilities are used to

create the invoices required so that payment of services can

take place

Payment

execution

This service is not required in this scenario Any payments

made between Land Registers and competent authorities are

expected to be carried out via other means (eg using bank

accounts and payment instruments that are not in the scope of

the LRI Payments system) and according to the invoices

generated by the Account service module

Payment

clearance

This service is not required in this scenario

Business

payment services

This collaboration is not required in this scenario

Table 17 Mapping key concepts to solution 2

3423 Solution 3 Central payment services provider

34231 Description

A centralised Payment Services Provider (PSP) simplifies complex transactions and on-

line payment management as it allows the automatic management of multiple accounts

(Land Registers end users other stakeholders) in real time using a common process It

allows the processing of high and medium volume collections payments and balances

with complete transparency

In essence the solution foresees that the Payment Services Platform depicted in the logical

solution design is to be provided by a PSP In accordance to the descriptions provided in

section lsquoTypes of payment service providersrsquo the type of PSP to be employed is an

Aggregator providing a complete turn-key solution for all LRI participants Thus the

services offered may include facilities that support the required payment instruments

provide payment clearance reporting and accounting according to standard accounting

practices

From a set-up point of view this solution is by far the simplest since its establishment

does not require LRI participants to take specific actions or manage contractual

arrangements on their own Indeed in this scenario the European Commission would have

to establish a contractual agreement with a PSP and subsequently collect necessary

information from LRI participants for the establishment of a payment process Land

Register representatives may be given direct access to the reporting facilities provided by

the PSP or it may be the case that certain reports are delivered automatically to them in

pre-defined time periods

130 279

For example the issue of paying multiple recipients at the same time can be solved using a

PSP in the following way

a The end user is presented with an invoice to be paid and a selection of payment

options However the invoice is composed of information provided by multiple

Land Registers

b The end-user decides which payment option to use and subsequently makes the

payment for the information he wishes to receive

c The money paid by the end-user is initially transferred into a single bank account

belonging to the PSP At this point the PSP notifies the EJP that the payment has

been successfully cleared and thus the end user can have access to the services

requested

d At a later time the PSP breaks down the amount received into small transactions to

each Land Register according to the price requested by them for the services

requested

e In a pre-determined time frame (eg once per month) the Land Registers receive

payment for the services they provide

Some important details should be noted here

a It is expected that payments for services may occur periodically however it may

be the case that the PSP can offer flexible configurations per recipient (eg some

Land Register may require payment for services once per month whereas others

once per week)

b Given the fact that the service is provided by an external entity it is understood

that a cost element is attached to it This cost element may be translated to a certain

commission per transaction for example as a percentage in monthly payments

c The PSP provides a wide set of payment instruments as well as graphical user

interfaces in the native language of the end user

34232 Mapping to logical solution

No particular mapping is required for this solution This is due to the fact that the logical

solution proposed earlier in this document is based on standard approaches for designing

e-marketplace solutions such designs are established around the capabilities provided by

PSP and leverage them in order to deliver their expected result Thus since in this solution

the Payment Services Platform is undertaken by a PSP the services depicted in the logical

design (eg Shopping Basket Payments Clearance Account etc) are expected to be

provided by it However it must be noted that LRI participants will still have to integrate

the Product Management service module of the PSP via the Payments service module of

the LRI peer in order to automate the process of managing offered services

In addition Land Register users can access the accounting and reporting facilities

provided by the PSP in order to retrieve information relevant to transactions already

performed

131 279

3424 Strengths and weaknesses of the proposed solutions

Alternative Strengths Weaknesses

Solution 1

Usage of existing

payment systems

Re-use of existing assets

One of the most important

benefits of this solution is the

fact that it is based on

existing set-ups that Land

Registers in some Member

States have with PSP Thus

existing implementations

may be re-used lessons

learned leveraged and

potentially shared among

participants

High Complexity The most

important drawback of this

solution is the set-up and

maintenance complexity

Indeed the use of multiple

PSP will require substantial

organisation and

implementation effort on the

side of the Common

Communication Protocol

Furthermore evolutions of the

LRI that may involve

payments will also be

affected by the high level of

complexity of this solution

as any potential change will

have to be discussed and

agreed upon not only with

the Land Registers but also

with the PSP involved in the

project

Non-compliance At least

one requirement (SR-005) is

not possible to be

implemented by this

solution

User unfriendliness The

fact that users must pay

separately for each Land

Register using a different

payment solution (which

may not be available in their

native language) makes this

solution very unfriendly for

users interested in consulting

more than one Land

Register

Solution 2

Mutual-trust

model

Small footprint A basic

advantage of this solution is

that it does not necessarily

require an external service

provider in order to be

implemented Indeed most

of the facilities required for

its proper realisation can

Difficult to implement in

practice A basic factor that

can enable this solution is to

identify competent

authorities that are capable to

undertake the task of

identifying users and

eventually accept to be billed

132 279

Alternative Strengths Weaknesses

either be custom built or

existing implementations

(such as the one employed by

ES or the EULIS platform)

may be expanded so as to

cater for the additional

requirements

Flexibility for services

provided This approach

allows Land Registers to

make per case agreements

with competent authorities

This aspect when combined

with the fact that a competent

authority in the context of

payments may be combined

with competent authorities

offering end user

identification (as foreseen in

the lsquoArchitecture Overviewrsquo)

may allow specific service

agreements depending on the

nature of the authority or the

end user

Identification flexibility

Given the fact that the term

lsquocompetent authorityrsquo simply

denotes a specific role in this

solution it may be possible

that it can be undertaken by

any authority regardless of

its connection with the end

users registered with it For

example assuming that a

Land Register is willing to

undertake the role of this

lsquocompetent authorityrsquo it may

be the case that it is willing

to facilitate end users from

multiple Member States or

professional capacities

for the services these users

receive by Land Registers

This weakness has been

confirmed also by the

findings of the Business

Analysis where it has been

identified that not all Land

Registers can be tasked with

the identification of end

users

Moreover even if an entity is

indeed capable of identifying

end users it is not certain

that it will be within its

mandate to handle monetary

transactions

Custom solution Another

weakness of this solution

stems from its nature As

already explained it may be

hard to find a service

provider that can support the

operating model of this

service thus necessitating

the development of various

custom software components

that will be used for its

realisation

Implementing such a custom

solution is estimated to be

very resource-consuming

and due to the high

sensitivity of any errors in

the financial domain highly

problematic in real use until

all software problems are

eliminated and the solution

works correctly

Solution 3

Central Payment

Services Provider

Full payments

functionality This solution

represents the best possible

approach as it offers a fully

centralised system that can be

used for processing payments

Cost element The main

weakness of this solution is

the fact that Payment Service

Provider will require

compensation for the service

offered This compensation

133 279

Alternative Strengths Weaknesses

of any kind

Potential for re-use

Another benefit of this

solution is that it may be

easily re-used for other

projects of the European

Commission that require

similar services

Fully conformant with

requirements This solution

is by definition fully

compliant with the

requirements established in

lsquoSolution significant

requirementsrsquo It can support

a variety of languages

conform to any relevant

standards or legal

frameworks and facilitate

multi-way payments to Land

Registers and support

transactions done in different

currencies

may materialise as a standard

cost (eg a yearly fee) as a

commission in each

transaction or as a percentage

once funds are transferred to

Land Registers as done by

all of the Payment Service

Providers

Table 18 Strengths and weaknesses comparison

134 279

4 Annexes

41 List of national land registers and their organisation

This section lists registers containing land information for purposes such as juridical

regulatory fiscal or merely informational The term lsquoland registerrsquo is used in its broadest

meaning for so a primary goal of this list is to indicate for each Member State exactly

which national register(s) contains land information and which of them are candidates for

the interconnection (even if a Member State has multiple such relevant registers it may be

that the data is already aggregated by one of them at the national level and then it is

preferable to only interconnect with that one) The list below indicates also land registers

responsible authorities the level of digitisation and on-line presence

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Grundbuch

(Land book

land register)

Ministry of

Justice

100 Yes Cadastre and

register Land Book

together form a

national

information system

which shows real

estate data in an up-

to-date form

Cadastre BEV-

Federal

Office for

Metrology

and

Surveying

100 Yes

Address register Statistics

Austria

100 Yes

Land register Land

Registrar and

General

Administrati

on of

Patrimonial

Documentati

on

50 Yes The cadastral

identification of the

parcel of land is

widely used as

starting-point to

obtain relevant

information

concerning the land

(eg planning

information public

servitudes hellip)

Cadastre General

Administrati

on of

Patrimonial

Documentati

on

100 Yes

Property register Registry

Agency

100

(since

2009)

Yes Both Land and

Cadastre registers

provide on line

services and none

of them is used as

135 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

lsquofrontndashendrsquo for

obtaining or

consolidating

information from

other registers

Cadastre register Geodesy

Cartography

and Cadastre

Agency

NA Yes

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Department

of Lands and

Surveys of

Cyprus

(DLS)

100 No Not applicable ndash

off-line system

ISKN -

Information

system of the

cadastre of real

estate

CUZK 100 Yes NA

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

CUZK NA Yes

Land registry Implemented

by the 16

Laumlnder of

Germany

The Local

Courts are

responsible

for the real

estate within

their area

100 Yes Ownership-related

data available to

authorised users

only

Cadastre map only

publicly available

Real estate

cadastre

Implemented

by the

competent

authorities of

the 16

Laumlnder of

Germany

100 Yes

Den Digitale

Tingbog

(The Digitised

Land Register)

Tinglysnings

retten

100 Yes Not applicable ndash

only one system

Land register Land

Registry

100 Yes Not applicable -

Land register and

136 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Departments

of County

Courts

land cadastre

exchange

information

electronically so

land register gets all

necessary cadastre

information

electronically

directly from land

cadastre

Land cadastre Estonian

Land Board

100 Yes

Regional Land

Registry Offices

Ministry of

Justice

100

(since

2000)

No Not applicable ndash

off-line system

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Ministry of

Environment

Energy and

Climate

Change

39 Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Colegio de

Registradore

s de Espantildea

100 (in

2015)

No Not applicable ndash

off-line system

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Spanish

Directorate

for Cadastre

100 Yes

Other 4

cadastral

organisations

responsible for

5 of the

Spanish

territory

Servicio de

Riqueza

Territorial de

Navarra

Catastro de

Aacutelava

Catastro de

Guipuacutezcoa

NA NA NA

137 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Catastro de

Vizcaya

Land Register

called lainhuuto-

ja

kiinnitysrekisteri

in Finnish

National

Land Survey

of Finland

100 Yes The National Land

Information System

functions as a front-

end providing data

both from Land

Register and

Cadastre as

together they make

up the National

Land Information

System

Cadastre National

Land Survey

of Finland

100 Yes

National Land

Information

System

National

Land Survey

of Finland

100 Yes

Purchase price

register

National

Land Survey

of Finland

NA No

The land

registration in

France is strictly

ruled by the civil

law but there is

no national and

unique register

As a matter of

fact the land

registration in

France is split in

355 local

registers known

as lsquoservices de la

publiciteacute

fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be technically

based on

asynchronous

requests response

to an agreed query

form

FIDJI (made for

both

justiceproperty

security and

fiscal needs) is

an application

for providing

consulting

access to

transactions

DGFI

(Ministry of

Finance)

No data

stored

centrally

Deeds is

stored in

each of the

354 lsquoservice

100 No The DGFI

processes 6 million

requests yearly

Asynchronous

connection (based

on an agreed form)

is technically

possible but

depending on a

political decision

138 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

(from the 354

local registers)

but access is

reserved to the

administration

Parcels are

identified by

cadastral

number

de publiciteacute

fonciegraverersquo

MAJIC

(cadastre file for

fiscal purpose)

maintains

departmental

files

DGFI

(Ministry of

Finance)

No data

stored

centrally

Data is

stored in

each of the

93 relevant

departments

100 No See above (both

applications FIDJI

amp MAGIC are used

to address the

6000000

requests)

Hyposcan file

provides access

to scanned acts

(only as from

2004)

DGFI

(Ministry of

Finance)

100 as

from

2004

No No the application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments

(out of 101)

Ministry of

Justice

100 Yes Yes no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes inquiries

SPDC (Serveur

Professionnel de

Donneacutees

Cadastrales)

This is not a

register but a

server providing

access to a

subset of data

covered by the

MAJIC

application

(cadaster)

DGFI

(Ministry of

Finance)

100

(limited

cadastral

subset)

Yes No

This is the only

lsquoOn-Linersquo access

but it is reserved to

the lsquoregistered

officesrsquo of French

notaries and

geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

139 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

owner

- The document

number (document

drsquoarpentage)

Land Registry Municipal

courts

NA Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre State

Geodetic

Administrati

on

NA Yes

Unified Land

Registry System

(cadastre and the

legal registry)

Institutional

network in

hierarchy

1 Ministry

of Rural

Development

Dept of

Land

Administrati

on and

Geoinformati

on

2 Institute of

Geodesy

Cartography

and Remote

Sensing

(background

institute of

the Ministry)

3 county

land offices

(20)

4 district

land offices

(119)

100 Yes Not applicable ndash

only one system

National Land

Register

Property

Registration

Authority

88 Yes There is only one

land register in

Ireland operated by

the Land Registry Registration of

Deeds

Property

Registration

Authority

100

(since

1970)

Yes

Land registers Agenzia

delle Entrate

100

(since

end of

lsquo90s)

Yes Data included in the

databases of

Agenzia delle

Entrate is available

on-line for

authorised users

but the Agency

140 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

cannot be used as

an interface for

information

managed by Land

book services due

to institutional

jurisdiction

constraints

Cadastre Agenzia

delle Entrate

100 Yes

Land book Servizio del

Libro

Fondiario

della

provincia di

Trento

See

section

4816

Yes

Land book Catasto

Tavolare

Regione

Friuli

Venezia

Giulia

NA No

Land book Provincia

Autonoma di

Bolzano

Alto Adige-

Ripartizione

Libro

fondiario

NA No

Land book Ufficio

Tavolare

Cortina

drsquoAmpezzo

NA No

Real Property

Register

State

Enterprise

Centre of

Registers

Ministry of

Justice of the

Republic of

Lithuania

100 Yes Not applicable ndash

only one system

3 Bureaux des

Hypothegraveques

Administrati

on de

lrsquoEnregistre

ment

100 No Not applicable ndash

off-line system

National Real

Estate Cadastre

Information

System

The State

Land Service

100 Yes Cadastre can be

used as lsquofront-endrsquo

but there must be

further discussion

141 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

about which

relevant data is

needed

State Address

Register

The State

Land Service

100 Yes

State Unified

Computerised

Land Registry

Court

Administrati

on

100 Yes

Land Register Land

Registry

Land and

Public

Registry

Department

100 No Not applicable ndash

off-line system

Land Registers

and registers for

ships and planes

Cadastre

Public

Registers and

Mapping

Agency

100 Yes NL is in the process

of combining data

from several public

services in a

service called

Publieke

Dienstverlening op

de Kaart (lsquoPublic

Service on the

Maprsquo) Any user

will be thus enabled

to view and

combine all sort of

geographical

information by

using built-in

layers

Base

Registration of

Cadastre

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of

topographic

maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of large

scale maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National register

of public

limitation on

Cadastre

Public

Registers and

100 Yes

142 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

parcels Mapping

Agency amp

Municipalitie

s (so-called

lsquodual

systemrsquo)

New Land Book District

Courts

Ministry of

Justice ndash

Department

of

Informatisati

on of

Common

Courts

95 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre Powiat

Offices (local

government

Ministry of

Administrati

on and

Digitization

NA NA

National Land

Registry

Institute of

Registries

and Notaries

100 Yes If it becomes

advisable to have

only one of them as

lsquofront-endrsquo to

obtain consolidated

information from

other registries as

land registry has

originally more

information and is

the only registry

with legal value

which aims to

promote the

security of the

trade this front end

could easily be the

land registry

Tax Id of the

property

Tax

administratio

n

100 Yes

Cadastre Instituto

Geograacutefico

Portuguecircs

(IGP)

Unknown Yes

Register of National NA Yes NA

143 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

applications for

land registry

excerpts and

notarial deeds

(land books)

Agency for

Cadastre and

Land

Registration

GEOPORTAL

(Cadastre)

National

Agency for

Cadastre and

Land

Registration

NA Yes

Real property

register

(consist of both

cadastre and

land register)

Lantmaumlteriet 100 Yes Not applicable ndash

only one system

The electronic

Land Register

(eZK)

Center for

Informatics

at the

Supreme

Court of the

Republic of

Slovenia

100

(since

010520

11)

Yes Not applicable ndash

only one system

ISKN ndash Land

Registry

Information

System

UacuteGKK SR ndash

(Geodesy

Cartography

and Cadastre

Authority of

the Slovak

Republic) -

methodologi

cal

management

of ISKN

MV SR

(Ministry of

Interior) -

District

Office

Cadastral

Department -

administratio

n and

maintenance

of ISKN

90 Yes Not applicable ndash

only one system

Engla

nd a

nd

Wal

es

Register

of title

Land

Registry

83 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

144 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Register

of

cautions

against

first

registratio

n

Land

Registry

100 Yes

Land

Charges

Registers

(relate to

unregister

ed land)

Land

Registry

100 Yes

Register

of

Agricultur

al

Charges

Land

Registry

0 No Not applicable ndash

off-line system

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes Landweb - the

electronic system

used for Land

Registry Registry

of Deeds and

Statutory Charges

Registry

of Deeds

Department

of Finance

Land amp

Property

Services

(LPS)

100

(since

1990)

Yes

Statutory

Charges

Register

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes

Sco

tlan

d

Land

Register

Registers of

Scotland

57 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

General

Register

of Sasines

Registers of

Scotland

NA41

Yes

Crofting

Register

Registers of

Scotland

1 Yes

Table 19 List of National land registers

41 It is planned to close the General Register of Sasines at a future date

145 279

42 Title vs deed systems

Some Member States use a title system while others use a deeds system below table

indicates the system used by each Member State

MS Title Deeds Remarks

Yes Yes Title system register of title by parcel identifier

Reference is made to the respective deed whose copy

is stored in the Judicial Archive since 2006 older

documents can be inspected in paper form at the

specific District Court

Yes Deeds system

Yes Yes Both titles and deeds are registered

Yes Title system

Yes Title system

Yes Title system The deeds related to the entries are kept

in special files in German terms lsquoGrundaktenrsquo

Yes Yes A system of deeds mortgage deeds and other rights

and other financial circumstances

Yes Yes Title system Deeds are stored too

Yes Yes Approximately 6-7 of the countryrsquos areas (or

~20 of the registrable real property rights) is

covered by a newly developed and fully operational

cadastral system That system incorporates both

cadastre and land register which is title system

For the remaining of the country there is a deed

Registry System (in an analogue form) that registers

all deeds associated to land transactions and is

independent of the cadastre As the development of

the cadastral system continues the Deeds Registry

System will be phased-out (100 by the year 2020)

and its functions will be incorporated in the cadastre

Yes Title system

Yes Yes Title system A copy of the deeds document is saved

in electronic form too

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle)

No The Alsace region includes the two departments of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

Yes Title system is applicable Titles are registered on the

basis of deeds that must be according to a stipulated

form

Yes Title system

146 279

MS Title Deeds Remarks

Yes Yes Predominantly a title system with approximately 93

of land registered and 88 of titles

Yes Yes In Provincia Autonoma of Trento there is a title

registration system

Deeds registration system is present in the remaining

parts of Italy

Yes Yes Mixed system - title and deed registration

Yes Deeds system

Yes Title system

Yes Yes Both titles and deeds are registered

Titles to land are registered following applications

for registration and in accordance to the legal title

under which property was acquired In the majority of

cases property is acquired by means of a public deed

published by a Notary Public

Yes Deeds system with third party protection

Yes Title system

Yes Title system

Yes Deeds system

Yes Yes Title system Deeds are stored too

Yes The system is based on an electronic land registry

which requires submission of appropriate deeds

(original contracts declarations etc) for entries and

changes

Yes Title system

Yes Yes England and Wales Title system Deeds are stored

too

Yes Yes Northern Ireland There are both the Land

Registration and the Registry of Deeds Systems

Yes Yes Scotland There are two methods of

registeringrecording rights in property in Scotland

Namely recording of deeds in the General Register of

Sasines or Registering an interest in land or property

in the Land Register The General Register of Sasines

is gradually being phased out with the majority of

titles now being registered in the Land Register The

Land Register is a title based system and once an

interest in land has been registered in the Land

Register title flows not from a progress of title deeds

but from the register itself

Table 20 Titles and deeds systems

147 279

43 Summary of data analysis

148 279

149 279

150 279

151 279

Figure 27 Summary of data analysis

152 279

44 Detailed comparison tables

That section describes in the form of comparison tables the nature and structure of the

basic data that exists in the various national registers along with supported search criteria

Only minimal initial subset of land information was taken into considerations

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

441 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Grundbuch

(Land book

land register)

Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

Yes Yes Yes No

Land register Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Property

register

Yes Yes Yes Yes

Cadastre

register

Yes NA Yes NA

Land Register

amp Cadastre

within the

Cyprus

Integrated Land

Information

System (CILIS)

Yes No Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

No No Yes Yes

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

Yes Yes No No

Land registry Yes NA Yes NA

153 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Real estate

cadastre

Yes NA Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes

(partly)

Yes Yes Yes Search by parcel

ID possible only

with logon by

Danish digital

signature

Land register Yes Yes Yes NA

Land cadastre Yes Yes Yes NA lsquoParcel IDrsquo is a

cadastral code

Regional Land

Registry

Offices

Yes No No No lsquoParcel IDrsquo is a

unique cadastral

number (KAEK) is

attributed to each

property in the

cadastral database

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Yes Yes Yes Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Yes Yes Yes Yes Description will

include origin

location (address)

and boundaries of

registered

properties and the

area measurement

(Surface in square

meters) land use

the administrative

system that may

affect it (eg

whether it is

subsidised

housing)

optionally other

physical features

might be registered

as well

If the parcel

contains a family

home this fact is

also registered as

family homes have

special protection

rules for selling

and mortgaging

but other data such

154 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

as the domicile or

the price are not

given generally in

excerpts due to

data protection

rules

Every registered

parcel is identified

with a different

number in each

municipality of

each registry That

is called the

property number

In addition there is

the IDUFIR which

is a unique number

that identifies each

single property in

the whole Spanish

registry system

Both numbers will

never change for

the same piece of

land

In addition

cadastral reference

can also be taken

into account to help

identifying the

property All

modern properties

have cadastral

reference when the

parties and the

registrar agree that

the cadastral parcel

can be identified as

the plot or

property

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Yes Yes Yes Yes lsquoParcel IDrsquo - only

the cadastral

reference No

IDUFIR or the plot

registry number

that are provided

by the land

registry which

due to his current

155 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

cooperation and

interconnection

with the cadastre

can provide the

cadastre parcel ID

National Land

Information

System

Yes Yes Yes Yes

FIDJI No No Yes Yes This is the

cadastral parcel

number (the same

that is used as key

for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of

the scanned act are

the unique keys

AMALFI Yes Yes Yes Yes

Land Registry Yes No Yes Yes lsquoParcel IDrsquo is

property

identification

number

Cadastre Yes No Yes Yes lsquoParcel IDrsquo is

cadastral parcel

number

Unified Land

Registry

System

(cadastre and

the legal

registry)

Yes Yes Yes Yes

National Land

Register

Yes Yes Yes Yes

Registration of

Deeds

Yes Yes No No

Land registers Yes No Yes Yes lsquoParcel addressrsquo ndash

for rural parcels

the place name

Cadastre Yes Yes Yes Yes Address search

possible for

buildings cadastre

only

Libro Fondiario

della provincia

di Trento

No No Yes Yes

Real Property

Register

Yes Yes Yes Yes lsquoParcel IDrsquo

includes cadastral

156 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

ndeg of land parcel

and its unique

number Also

unique ndeg of

structures

apartments in

multi-apartment

houses and

premises form as

separate real

property objects

3 Bureaux des

Hypothegraveques

Yes No Yes No

National Real

Estate Cadastre

Information

System

Yes Yes Yes Yes Information about

addresses comes

from State Address

Register

State Address

Register

Yes Yes No No Information about

address is

synchronised with

Cadastre

Information

System

State Unified

Computerised

Land Registry

Yes Yes NA Yes

Land Register Yes NA Yes Yes lsquoParcel IDrsquo -

property registered

is given a unique

number which is

generated

electronically

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

Yes No Yes Yes lsquoParcel IDrsquo is

interpreted here as

land book ID

Cadastre NA NA NA NA

National Land

Registry

Yes No Yes Yes The land registry

has the property

location As

mentioned above

the cadastre does

not cover all the

territory so in PT it

is more accurate to

speak about

properties or plots

157 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

than of parcels

Each land property

has an id number in

the land registry It

also has a tax

number issued by

the tax

administration or

the cadastre (in the

areas where it

exists) The tax

number is

mentioned in the

land registry

description

Tax Id of the

property

Yes No Yes Yes Parcel ID is Tax or

cadastre number

Search on address

is currently not

available on-line

Cadastre Yes Yes Yes Yes Parcel ID is Tax or

cadastre number

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No Yes Yes Parcel address not

always present

Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real property

register

(consist of both

cadastre and

land register)

Yes Yes Yes Yes

The electronic

Land Register

(eZK)

No No Yes Yes

ISKN ndash Land

Registry

Information

System

No No Yes Yes No address point

Engla

nd a

nd W

ales

Register

of title

Yes Yes Yes Yes The property

register for each

individual title

contains a

description of the

land which may be

the postal address

if there is one

Where known the

158 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

property register

includes details of

the inclusion or

exclusion of mines

and minerals in or

from the

registration and

easements rights

and privileges that

benefits the estate

The description is

by reference to a

plan which is part

of the register

If the property is

leasehold details

of the lease will be

noted

A registered

rentcharge

franchise or profit a

prendre in gross

must if the estate

was created by a

deed also contain

details of the deed

If the exact line of

a boundary has

been determined in

accordance with

statutory provisions

(this is not usual ndash

see item 4 below)

that will be noted

in the register and

shown on the title

plan

Parcel ID known as

title ndeg

Search on parcel

address is possible

when known

Register

of

cautions

against

first

registrati

on

NA Yes NA Yes

159 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Land

Charges

Register

s

(relate to

unregist

ered

land)

NA No NA No

No

rther

n I

rela

nd

Land

Registry

Norther

n Ireland

Yes Yes Yes No lsquoParcel addressrsquo is

sometimes

included but not

always ndash

depending on

whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Registry

of Deeds

Yes Yes NA No

Statutor

y

Charges

Register

NA Yes No No

Sco

tlan

d

Land

Register

Yes Yes NA Yes

General

Register

of

Sasines

Yes Yes NA Yes

Crofting

Register

Yes Yes Yes Yes lsquoParcel addressrsquo is

sometimes

included but not

always ndash depends

on whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Table 21 Parcel address and ID

160 279

442 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

Grundbuch

(Land book

land register)

No No Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

No No No No

Land register No No No No

Cadastre Yes Yes Yes Yes

Property

register

No No No No

Cadastre

register

Yes NA Yes Yes

Land

Register amp

Cadastre

within the

Cyprus

Integrated

Land

Information

System

(CILIS)

No No Yes Yes

(2016)

ISKN -

Information

system of

the cadastre

of real estate

Yes NA Yes Yes

RUacuteIAN -

Registry of

the

Territorial

Identificatio

n Addresses

and Real

Estate

No No NA Yes

Land

registry

Yes NA Yes NA

Real estate

cadastre

No No No No

Den Digitale

Tingbog

(The

Digitised

Land

Register)

No No No No

Land register No No No No

161 279

MS Register Coordinates Map Comments

Present Search Present Search

Land

cadastre

Yes NA Yes Yes

Regional

Land

Registry

Offices

No No No No

National

Cadastre and

Mapping

Agency SA

(NCMA

SA)

Yes No Yes No

Land

Registry

(provides

on-line

access to

data from

around 1000

Land

Registers)

Yes Yes Yes Yes Property coordinates

are only given when

graphical information

is added to the

literature description

of the parcel The

system gives the

coordinates of the

central point of the

parcel in order to

facilitate

geolocalisation

Almost all modern

properties are

associated to the

literature description

and graphical

information The

graphical information

is provided by the

land registry and is

normally based on

the mapping of the

cadastre but it can

also be based on the

mapping of

geographical

institutes

Spanish

Directorate

for Cadastre

(responsible

for 95 of

the Spanish

territory)

Yes Yes Yes Yes

National

Land

Yes Yes Yes Yes

162 279

MS Register Coordinates Map Comments

Present Search Present Search

Information

System

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

Land

Registry

No No No No

Cadastre No No No No

Unified

Land

Registry

System

(cadastre and

the legal

registry)

Yes No Yes No Cadastral map legal

parcel boundaries

administrative

boundaries parcel

number buildings

and other

constructions street

name and address

agricultural land use

cultivation and other

attributes according

to law

National

Land

Register

Yes Yes Yes Yes

Registration

of Deeds

No No No No

Land

registers

No No No No Boundaries are

specified in the deed

Cadastre Yes No Yes No Users can get parcel

coordinates by

submitting a special

request

Libro

Fondiario

della

provincia di

Trento

No No No No

Real

Property

Register

Yes Yes Yes Yes

3 Bureaux

des

Hypothegraveques

Yes No Yes No

National

Real Estate

Cadastre

Information

Yes Yes Yes Yes

163 279

MS Register Coordinates Map Comments

Present Search Present Search

System

State

Address

Register

No No Yes Yes

State Unified

Computerise

d

Land

Registry

No No No No

Land

Register

No No Yes Yes

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

No No Yes No

Cadastre NA NA NA NA

National

Land

Registry

No No No No

Tax Id of the

property

Yes No Yes No Searches only on the

part of the country

subject to Cadastre

Cadastre Yes Yes Yes Yes Only owners can

search based on their

own personal data

Register of

applications

for land

registry

excerpts and

notarial

deeds (land

books)

Yes Yes Yes NA Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real

property

register

(consist of

both cadastre

and land

register)

Yes Yes Yes Yes Searches on Central

point(s) (property

coordinates)

cadastral Index Maps

(parcel ID)

The

electronic

Land

Register

(eZK)

No No No No

ISKN ndash

Land

Yes Yes Yes Yes

164 279

MS Register Coordinates Map Comments

Present Search Present Search

Registry

Information

System

Engla

nd a

nd W

ales

Regis

ter of

title

No No Yes Yes Property coordinates

Not included unless

the exact line of a

boundary has been

determined in

accordance with

statutory provisions

The determination

may be of just one of

the boundaries not

all of them See item

lsquoDetermination of

boundaryrsquo below

Map known as Title

Plan

Regis

ter of

cautio

ns

again

st

first

regist

ration

NA NA NA Yes

Land

Charg

es

Regis

ters

(relat

e to

unreg

istere

d

land)

NA NA NA No

Nort

her

n I

rela

nd

Land

Regis

try

North

ern

Irelan

d

Yes Yes Yes Yes

Regis

try of

Deed

s

No NA No No

165 279

MS Register Coordinates Map Comments

Present Search Present Search

Statut

ory

Charg

es

Regis

ter

Yes Yes Yes Yes Map search Using

sheet number and

entry S

cotl

and

Land

Regis

ter

Yes Yes Yes Yes

Gener

al

Regis

ter of

Sasin

es

No No NA Yes

Crofti

ng

Regis

ter

Yes No Yes Yes lsquoProperty

coordinatesrsquo off-line

search can be

requested

Table 22 Property coordinates and map

443 Owner

MS Register Owner Comments

Present Search

Grundbuch (Land

book land

register)

Yes No

Cadastre Yes No

Address register No No

Land register Yes Yes

Cadastre Yes Yes

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

Yes Yes

RUacuteIAN - Registry

of the Territorial

No No

166 279

MS Register Owner Comments

Present Search

Identification

Addresses and

Real Estate

Land registry Yes NA

Real estate

cadastre

Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes Yes Search by owner name possible

only with logon by Danish

digitised signature

Land register Yes Yes Division called lsquoOwnerrsquo contains

information about owners (name

registrationidentification code)

and type of ownership in case of

joint or common ownership In

case of common ownership also

information about size of the

shares of co-owners

Land cadastre No No

Regional Land

Registry Offices

Yes Yes

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes Yes

Land Registry

(provides on-line

access to data

from around 1000

Land Registers)

Yes Yes If the owner is a natural person

name and surname address

identity card number and civil

status (single married or widow)

If the owner is married the

matrimonial economic regimen

and the status (joint tenancy or

private good) is registered If the

owner is a child the power of

representation of the parents or the

tutor has to be justified If the

conveyance is done by third

parties representation has also to

be justified

If the owner is any kind of

company social name address

tax identifier number and

constitution data including those

of registration in the business

registry Also the representatives

of the company who convey have

to justify the power of

representation or attorney

Spanish Yes Yes Always the one said to be the

167 279

MS Register Owner Comments

Present Search

Directorate for

Cadastre

(responsible for

95 of the

Spanish territory)

owner by the cadastral base not

the legal owner which is only

provided by the land registry in

registered property as stated in

article 3 of the cadastre regulation

act

National Land

Information

System

No No

FIDJI Yes Yes You have to know the property

location first (commune)

MAJIC Yes Yes You have to know the property

location first

(departmentcommune)

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes Yes Contains name birth date and

ownerrsquos address

Search is possible only for certain

users in certain cases specified in

law as police in investigation

cases notaries in succession cases

etc

National Land

Register

Yes Yes

Registration of

Deeds

Yes Yes

Land registers Yes Yes

Cadastre Yes Yes

Libro Fondiario

della provincia di

Trento

Yes Yes

Real Property

Register

Yes Yes

3 Bureaux des

Hypothegraveques

Yes Yes

National Real

Estate Cadastre

Information

System

Yes Yes Information about owners comes

from Land Registry Only certain

persons can search the information

using person identification data ndash

contract and permission to work

with person identification data

required Current legislation does

not allow that to be performed by

institutions in other Member

States

State Address No No

168 279

MS Register Owner Comments

Present Search

Register

State Unified

Computerised

Land Registry

Yes Yes Only certain persons can search

the information using person

identification data (police bailiffs

government officials and such)

Current legislation does not allow

that to be performed by institutions

in other Member States

Land Register Yes NA

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre

National Land

Registry

Yes Yes The land registry host information

about each property owner

including his marital status name

of spouse address The land

registry also has information about

other right in rem It identifies the

usufructuary and the person

entitled to the use or fruition of the

immovable property among

others Search limited by data

privacy rights Not available on-

line

Tax Id of the

property

Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Cadastre Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No

Real property

register

(consist of both

cadastre and land

register)

Yes Yes Search limited to registration

officers users

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land Yes Yes Search on trustee tenant

169 279

MS Register Owner Comments

Present Search

Registry

Information

System

E

ngla

nd a

nd W

ales

Register of

title

Yes Yes If the registered proprietor is a

company or limited liability

partnership this will include the

company number as registered by

the Registrar of Companies The

proprietorship register will also

include up to three addresses for

service and other matters affecting

the proprietor in relation to the

land

If the registered proprietor is a

natural person only very limited

categories of people can search for

the name in the index of

proprietorsrsquo names

Register of

cautions

against first

registration

NA No

Land

Charges

Registers

(relate to

unregistered

land)

Yes Yes

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes

Registry of

Deeds

Yes Yes

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes Yes

Crofting

Register

Yes NA

Table 23 Ownership

170 279

444 Known encumbrances

MS Register Known

encumbrances

Comments

Present Search

Grundbuch (Land

book land register)

Yes No

Cadastre No No

Address register No No

Land register Yes No

Cadastre No No

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

Yes No

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry Yes NA

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes NA

Land cadastre No No

Regional Land

Registry Offices

Yes NA Available in both systems Namely

mortgages pre-notifications of

mortgages seizures judicial

orders prohibiting transfer

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes NA

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes Mortgage obligation ensured

amount of mortgage with

distinction of guaranteed sums

(capital interest and costs)

deadline Spanish LR allows

syndicated mortgage credits and

lsquofloatablersquo mortgages ie one

171 279

MS Register Known

encumbrances

Comments

Present Search

mortgage for various present or

future loans

Legal mortgages have to be also

registered

These include charges sub-

charges leases and covenants to

which the land is subject and

notes of any statutory limitations

on the proprietorrsquos powers Those

charges are clearly identified with

their name time of constitution

limitations they produce and their

deadline

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

Yes No Only land easements

FIDJI Yes Yes

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes No Mortgage easement restrictions

etc

National Land

Register

Yes No All encumbrances capable of

registration under Registration of

Title Acts such as mortgages

easements Certain rights effect

without registration and a

purchasermortgagee must make

appropriate lsquooff registerrsquo enquiries

Registration of

Deeds

No No

Land registers Yes Yes There is not a specific kind of

search to find out the

encumbrances only

With reference to a subject (X) it

is possible to search only the

inscription formalities

(mortgages) or all the formalities

lsquoagainstrsquo that subject thus

obtaining a document called

lsquosynthetic listrsquo and then finding out

172 279

MS Register Known

encumbrances

Comments

Present Search

the interesting formalities within

that list

Cadastre No No

Libro Fondiario

della provincia di

Trento

Yes No

Real Property

Register

Yes Yes The Real Property Register

contains a note on the mortgage

and seizure Full information on

mortgage is stored in the Mortgage

Register while full information on

seizure is stored in the Register of

Property Seizure Acts

3 Bureaux des

Hypothegraveques

No No

National Real

Estate Cadastre

Information

System

Yes No

State Address

Register

No No

State Unified

Computerised

Land Registry

No No

Land Register Yes Yes Search possible If and as indicated

on application for registration and

also on which title it is based

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre NA NA

National Land

Registry

Yes No Mortgages and other

encumbrances are inscribed at the

land registry

Tax Id of the

property

No No

Cadastre No No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA

Real property

register

(consist of both

cadastre and land

Yes No

173 279

MS Register Known

encumbrances

Comments

Present Search

register)

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land

Registry

Information

System

Yes No

Engla

nd a

nd W

ales

Register of

title

Yes No

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some burdens are shownsome

not

Registry of

Deeds

Yes Yes Sometimes are

providedsometimes not

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes NA Contained in list of deeds some

interpretation required

Crofting

Register

No No

Table 24 Known encumbrance

445 Purchase price

MS Register Purchase price Comments

Present Search

Grundbuch (Land

book land register)

Yes No Is part of the contract that

document is available on-line (pdf

format)

Cadastre No No

174 279

MS Register Purchase price Comments

Present Search

Address register No No

Land register Yes No

Cadastre No No

Property register Yes No The purchases price is not visible

on-line therefore itrsquos not a search

criteria

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

No No In paper contracts only not on-

line

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry No No Maintenance of transaction details

is a statutory task in Germany

(market transparency) information

is maintained in separate

databases not in cadastre or land

register

It is part of the files which are

kept by the Land Registry (in

German terms lsquoGrundaktenrsquo) The

data are also stored by the

municipalities department expert

committees (in German terms

lsquoGutachterausschussrsquo)

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes No Purchase price can be found from

the deed based on legitimate

interest

Land cadastre No No

Regional Land

Registry Offices

Yes No It is not an element of registration

however the relevant information

can be obtained since a copy of

the deed mentioning the price is

always needed and stored in the

175 279

MS Register Purchase price Comments

Present Search

Land Registries and Cadastral

Offices

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes No

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes The purchase price or the value set

by the parties in the deed is

registered when given However

due to data protection reasons it is

only given in an excerpt only

when specifically claimed under a

legitimate interest that will have to

be controlled by the registrar or

when required by a judge or a

public authority

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

No No

FIDJI Yes Yes

AMALFI Yes No

Land Registry No No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

No No

National Land

Register

No No Data collected and stored by the

Authority but not shown on Land

Registry public register

Registration of

Deeds

No No

Land registers No No It is always specified in the deed

but its presence in the notation is

only possible because this

information is not compulsory for

land registers

Cadastre No No

Libro Fondiario

della provincia di

Trento

No No

Real Property

Register

Yes No

176 279

MS Register Purchase price Comments

Present Search

3 Bureaux des

Hypothegraveques

Yes No

National Real

Estate Cadastre

Information

System

Yes No Information about purchase price

comes from Land Registry

State Address

Register

No No

State Unified

Computerised

Land Registry

Yes No

Land Register No No

Kadaster-on-Line

(webservice)

Yes No

New Land Book No No

Cadastre NA NA

National Land

Registry

No No That information is presented to

land registry in the deed that

remains digitally archived but is

not inscribed on the property

sheet

Tax Id of the

property

No No Tax administration has tax value ndash

but this value does not match the

price

Cadastre No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA Not always present

Real property

register

(consist of both

cadastre and land

register)

Yes No

The electronic

Land Register

(eZK)

No No

ISKN ndash Land

Registry

Information

System

No No The purchase price is stored in the

collection of documents at the

regional District Office Cadastral

Departments where the data has

been collected

Engla

nd

and

Wal

es Register of

title

Yes No Purchase price or the value stated

for the purpose of the registration

fee where there was no purchase

price This applies to registrations

177 279

MS Register Purchase price Comments

Present Search

since October 2003

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some transfers are for natural love

and affection ndash where there is no

purchase price

Registry of

Deeds

Yes NA Sometimes providedsometimes

not

Statutory

Charges

Register

No No

Sco

tlan

d Land

Register

Yes Yes Search available as an off-line

request

General

Register of

Sasines

Yes Yes Search available as an off-line

request

Crofting

Register

No No

Table 25 Purchase price

178 279

45 Language

The table in the current section lists languages in which the data is available in the various

Member States registers

MS Primary language Other language

German Not present

Dutch

French

German

Not present

Bulgarian Not present

Greek Not present

Czech Not present

German NA

Danish Not present

Estonian Inquiries can be made in English but answers are

always given in Estonian

Greek Not present

Spanish All the other official languages of the country

Catalan in Catalonia Balearic Islands and

Valencia

Gallego in Galicia and Vasque in the

Vasque Country

English

Finish

Swedish

English (to be implemented)

French Not present

Croatian Not present

Hungarian Not present

English Irish

Italian Not present

Lithuanian For the users of EULIS service information is provided

in English

French Not present

Latvian State Unified Computerised Land Registry Section

names are available in English content is available in

Latvian only

National Real Estate Cadastre Information System and

State Address Register Interface is available in

English content is available in Latvian only

Maltese English as a general rule lsquoCertificates of Titlersquo are

issued in Maltese

Dutch Not present

Polish Not present

Portuguese Not present

Romanian Not present

Swedish Headlines in English

Slovenian Not present

179 279

MS Primary language Other language

Slovak The information could be provided in a national

minority language That is possible only in specific

regions where population of national minority is at

least 20

English Welsh for land in Wales

Table 26 Member States Registers language

46 Usage costs and payments methods per Member State

In this section we report on the following information that was collected for each Member

State

What land data is available for free

What is the cost for accessing the non-free data

What are the accepted means of payment (eg cash money transfer etc)

What are available timings of payments (eg pre-paid subscription etc)

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

subscription credit card Fee is always

required

NA

pre-paid creditdebit

card

direct debit

Fee is always

required

NA

pre-paid money

transfer (at

bank office

or on-line)

credit card

Fee is always

required

Every service provided

on-line is at the cost of 1

BG leva (approximately

050euro)

NA creditdebit

card

(planned in

future)

Fee is always

required

NA

post-paid money

transfer

creditdebit

card

cash

Fee is always

required except for

notaries and other

authorised providers

based on the law

The fee for a page A4 is

at present 50 CZK

(approximately 2euro) and

average output has 2

pages

NA NA NA NA

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

The exemption from

payment is made in

the following cases

1 A person making

inquiry about

himself

The inquiry fee is 1euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

180 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

2 A person making

inquiry while

performing a public

function provided for

in the law such as

a Government

agency

b Court

c Local

government

agency

d Notary

e Bailiff etc

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro The

inquiry fee is 1 euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro

pre-paid money

transfer

direct debit

Fee is always

required

Certificate of registration

of a land transaction

45euro

Certificate of cadastral

registrations of subsets of

property rights about a

property 45euro (for each

subset of property rights)

Certificate of cadastral

registrations of a

physicallegal person

45euro (for each category

of property

rightstransactions)

Certificate of absence of

cadastral registrations

about a physicallegal

person 45euro

Copy of a propertyrsquos

cadastral sheet 45euro (for

each double-faced page

of the cadastral sheet)

Copy of a deed or a

document from the

cadastral survey archives

45euro (for each double-

faced page of the deed or

the document)

Copy of a propertyrsquos

181 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

cadastral map extract

15euro

Copy of a propertyrsquos

cadastral map extract

containing the

coordinates of the

propertyrsquos boundaries

33euro

pre-paid

post-paid

creditdebit

card

direct debit

Fee is always

required

Simple informative notes

requested on-line 9euro +

VAT (21)

Certifications requested

on-line 30euro + VAT

(21)

post-paid NA Fee is always

required

NA

Requests to

DGFI

(Ministry of

Finance)

One for

each

request at

the time of

sending the

request

Bank cards

(the usual

set visa

etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

Fee is always

required

From 12euro (real

estatepersons) to 30euro

(full description of a co-

property)

Requests to

AMALFI

Copies are

delivered

after

payment

Bank cards

on the web

site

wwwlivrefo

ncierfr

Transfer

Chegraveque

Fee is always

required

From 5euro (real

estatepersons) to 25euro

(annexe)

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

NA Prices and fees of data

servicing and the other

relevant instructions are

determined by the Act

LXXXV1996

pre-paid

subscription

creditdebit

card

Fee is always

required

All users have equal

access on payment of a

prescribed fee under

Statutory Instrument SI

3802012 Land

Registration (Fees) Order

2012 and under Statutory

Instrument SI 512008

Registration of Deeds

182 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

(Fees) Order 2012

NA On-line

financial

services of

Poste

Italiane (the

Italian

Postal

Service)

credit card

Postepay

card

1 Consultation of

cadastral data

through a simple

identification of

the user by fiscal

code - all the

cadastral data

related to the real

estate except for

data concerning

the ownership

2 Consultation of

cadastral data

after registration

to the on- line

services of

Agenzia delle

Entrate all the

cadastral data

including those

concerning the

ownership Free

of charge when

the applicant is

the holder also

by share of a

property right or

other rights in

rem on the real

estate to which

the request of

information

refers

3 When the

applicant is the

holder also by

share of a

property right or

other rights in

rem on the real

estate to which

the request of

information refers

Everyone has to pay a fee

for a legal certificate

- a 15 euro stamp duty each

4 pages of the document

and

- a specific amount which

depends on the kind of

the requested document

Other examples of

payments

- for each searched name

an amount of 945euro is

due

- if in the list of

documents related to the

subject (person) there are

more than 30 notes an

additional payment of

473euro for each group of

15 notes is due

- for every consulted note

540euro are due

pre-paid money Exceptions from The procedure for

183 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid

subscription

transfer

creditdebit

card

direct debit

payments are

established in the

Law on State

Registers of the

Republic of Lithuania

and other laws

calculating payment for

the use of Register data is

established by the

Government of the

Republic of Lithuania

More details can be

found in section 4817

At the

moment of

delivery of

information

cash Fee is always

required

A fee of 050euro or of

074euro is due for each

copied page of

information delivered by

the register

State Unified Computerised Land Registry

post-paid

subscription

creditdebit

card

Finding if a property

is registered in Land

Register and when

the request is about

self-owned properties

4980euro per month and

285euro per folio viewed

National Real Estate Cadastre Information System and State Address Register

unregistered

users

pre-paid

registered

users

post-paid

subscription

unregistered

users

SMS

payment

Internet

banking

creditdebit

card

registered

users

money

transfer

Everyone can freely

search by property

address cadastral

number folio

number

Amount of payment

depends on the data type

delivery method and

license agreements (end

users or data distributors)

- real data base files

tables geospatial data or

just viewing services at

portal or special web

services for direct

database connection For

example to see full

cadastral information

about one property at

portal costs 285euro

geospatial information

download for one parcel

costs 256euro

pre-paid cash

cheque

Fee is always

required

For Official Search

Requests the fee

prescribed by law is

466euro whereas the fee

for a land registry plan is

233euro Copies of

certificates of title are

provided at a fee of 233euro

each

pre-paid money

transfer

Fee is always

required

NA

184 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

creditdebit

card

direct debit

available for

free

available for

free

All data is available

for free

Available for free

pre-paid creditdebit

card

at ATM

via

eBanking

Fee is always

required

1 Land registry

lsquopermanent certificatersquo

a) Ordered on-line - euro 15

b) Ordered at registry

service - euro 20

2 Simplified Land

Registry Information (on-

line)

a) Ordered On-line - 6 euro

b) Ordered at registry

service - euro 10

NA NA Fee is always

required exceptions

regulated by different

laws mainly for

public institutions or

authorities

information provided

to the court police

prosecutors etc is

free of charge

NA

NA NA If you are a property

owner and have an

electronic-ID you

can access your own

property for free

For public use there is a

Geodata sharing model

for Swedish public

administration with a

yearly fee depending on

use

For commercial users is a

transaction fee

For researchers there is a

discount

available for

free

available for

free

All data is available

for free

Available for free

pre-paid money

transfer

cash

Searching through the

Cadastral portal is

free of charge

However obtained

information (eg

Ownership

Document) has only

informative character

The fee for issuing of a

copy of the original of an

Ownership Document is

8euro There are other

charges for services

which are mentioned in

the Act on

Administrative Fees

1451995

England and Wales

pre-paid creditdebit Fee is always Fees are paid in

185 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid card

direct debit

required accordance with the

current Land Registration

Fee Order 2013

Northern Ireland

NA cash

suspense

account

creditdebit

cards

Fee is always

required

Fees are governed by

Statute ndash the Land

Registry Fees Order and

Registry of Deeds Fees

Order

Scotland

pre-paid (for

ad hoc

queries)

post-paid

debit card

(for ad hoc

queries)

direct debit

Fee is always

required

Fees are charged per

enquiry (currently pound3)

Table 27 Registers usage costs

47 Overview of Member Statesrsquo memberships

That section indicates which Member Statesrsquo organisations and authorities belong to

international associations or networks

MS ELRA EULIS PCC CLGE

Non-member Bundesministeri

um fuumlr Justiz

Bundesamt fuumlr

Eich und

Vermessungswe

sen

Bundeskammer der

Architekten und

Ingenieurkonsulenten

(BAIK)

Bundesfachgruppe

Vermessungswesen

Oumlsterreichische

Gesellschaft fuumlr

Vermessung und

Geoinformation

(OVG)

Patrimonial

Documentation of

Belgium

Royal Belgian

Federation of

Mortgage Keepers

Non-member

pending

Administration

geacuteneacuterale de la

Documentation

patrimoniale

(Cadastre

Enregistrement

Domaines et

Hypothegraveques) -

Algemene

Administratie

van de

Administration

Centrale du

Cadastre

de

Lenregistremen

t et des

Domaines

Ordre Belge des

Geacuteomegravetres-Experts

asbl

Belgische Orde van

Landmeters-Experten

vzw

Union Belge des

Geacuteomegravetres-Experts

Immobiliers (UBG)

Belgische Unie van

Landmeters-Experts

(BUL)

Nationale Vereniging

van Landmeters-

186 279

MS ELRA EULIS PCC CLGE

Patrimoniumdo

cumentatie

(Kadaster

Registratie

Domeinen en

Hypotheken)

Experten (NVLE)

Association

Nationale de

Geacuteomegravetres-Experts

(ANGE)

Bulgarian

Registry Agency

Non-member Geodesy

Cartography

and Cadastre

Agency

Union of Surveyors

and Land Managers

Bulgarian Chamber

of graduated

Surveyors

Department of

Lands and

Surveys

Non-member Department of

Lands and

Surveys

The Cyprus

Association of Rural

and Surveyor

Engineers (CARSE)

Non-member Non-member

pending

Czech Office

for Surveying

Mapping and

Cadastre

Czech Office

for Surveying

Mapping and

Cadastre

Chamber of

Surveyors and

Cartographers (KGK)

in co-operation with

the

Czech Union of

Surveyors and

Cartographers

(CSGK) and with the

Czech Office of

Surveying Mapping

and Cadastre (CUZK)

Bund Deutscher

Rechtspfleger

Non-member Arbeitsgemeins

chaft der

Vermessungsve

rwaltungen der

Laumlnder der

Bundesrepublik

Deutschland

(Adv)

Bund der Oumlffentlich

bestellten

Vermessungsingenieu

re EV (BDVI)

Deutscher Verein fuumlr

Vermessungswesen e

VGesellschaft fuumlr

Geodaumlsie

Geoinformation und

Landmanagement

(DVW)

Non-member Non-member Agency for

Geodata

Den Danske

Landinspektorforenin

gThe Danish

Association of

Chartered Surveyors

(DdL)

Praktiserende

Landinspektoslashrers

ForeningThe Danish

Association of

Licensed Surveyors

in Private Practice

187 279

MS ELRA EULIS PCC CLGE

(PLF)

Observer member

Centre of

Registers and

InfoSystems

Non-member

pending

Kinnistusraamat

(Land Register)

MAA - AMET -

Estonian Land

Board

Eesti Geodeetide

UumlhingAssociation of

Estonian Surveyors

Land Registrars

Association of

Greece

Non-member Ktimatologio

AE

Hellenic Association

of Rural and

Surveying Engineers

(HARSE)

Technical Chamber

of Greece

Colegio de

Registradores de

Espantildea

Colegio de

Registradores

de la Propiedad

mercantiles y de

bienes muebles

de Espantildea

Direccioacuten

General del

Catastro

Colegio Oficial de

Ingenieros Tecnicos

en Topografia

Observer member

Maanmittauslaitos

Maanmittauslait

os

Maanmittauslait

os

Maanmittausinsinoumloumlri

en Liitto ry

Maanmittausalan

ammattikorkeakoulu-

ja opistoteknisten

liitto MAKLI ry

Association des

Conservateurs

Drsquohypothegraveques de

France

Non-member Ministegravere de

Leacuteconomie des

Finances

et de Lindustrie

Direction

Geacuteneacuterale des

Impocircts

Ordre des Geacuteomegravetres-

Experts (OGE)

Observer member

Ministry of Justice

Non-member Državna

Geodetska

Uprava

Hrvatska komora

ovlaštenih inženjera

geodezije (Croatian

Chamber of

Chartered Geodetic

Engineers)

Non-member Non-member Institute of

Geodesy

Cartography

and Remote

Sensing (FOumlMI)

Section for Surveying

and Geoinformation

of the Hungarian

Chamber of

Engineers (MMK

GGT)

Hungarian Society of

Surveying Mapping

and Remote Sensing

(MFTTT)

Association of the

Hungarian

Geoinformatic and

Geodetic Surveying

188 279

MS ELRA EULIS PCC CLGE

Enterprises

(MFGVE)

Property

Registration

Authority

Property

Registration

Authority

Property

Registration

Authority

Ireland

Irish Institution of

Surveyors (IIS)

Agenzia delle

Entrate

Servizio Libro

Fondiario

Non-member Agenzia delle

Entrate

Consiglio Nazionale

Geometri e Geometri

Laureati

Registru Centras

Central Mortgage

Office of the

Republic of

Lithuania

Registru

Centras

Registru

Centras

Lietuvos matininku

asociacija

(LMA)Lithuanian

Association of

Surveyors

Administration de

lrsquoenregistrement et

des domaines

Non-member Administration

du Cadastre et

de la

Topographie

Ordre

Luxembourgeois des

Geacuteomegravetres (OLG)

Observer member

Department of

Courts and Land

Registers Court

Administration

Ministry of Justice

Non-member

pending

State Land

Service

(provided

system is

called National

Real Estate

Cadastre

Information

System)

Valsts Zemes

Dienests

Latvijas Mērnieku

biedrība

LMBLatvian

Association of

Surveyors

Non-member Non-member Land and Public

Registry

Malta Institution of

Surveyors

Kadaster Kadaster Kadaster Geo Informatie

Nederland (GIN)

Hydrographic Society

GeoBusiness

Nederland

Polish Association

of Registrars

Non-member Głoacutewny Urząd

Geodezji i

Kartografii

Chamber of

Surveying

EnterprisesGeodezyj

na Izba Gospodarcza

Polish Commercial

Geodesy Employers

Association of

Geodetic

Cartographic

FirmsPolska

Geodezja

Komercyjna Krajowy

Związek

189 279

MS ELRA EULIS PCC CLGE

Pracodawcoacutew Firm

Geodezyjno-

Kartograficznych

Instituto dos

Registos

Associaccedilatildeo

Sindical dos

Conservadores

dos Registos

Non-member

Instituto

Geograacutefico

Portuguecircs

Portuguese

Geometers

Association

Agentia Nationala

de Cadastru si

Publicitate

Imobiliara

Romanian Land

Registry

Association

Non-member Agentia

Nationala de

Cadastru si

Publicitate

Imobiliara

Romanian

Association of

Private Surveyors

(RAPS)

Romanian Union of

Geodesy (RUG)

Observer member

Lantmaumlteriet

Lantmaumlteriet Lantmaumlteriet The Swedish

professionals for the

built Environment

Observer member

Supreme Court of

Justice of

Slovenia

Non-member

pending

The Land

Registry

(Zemljiska

knjiga)

Geodetska

Uprava

Republike

Slovenije

Slovenian chamber of

engineers ndash section of

surveyors

Non-member

Not a member

but partly

connected

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Chamber of

Surveyors and

Cartographers (KGK)

Slovak Mining

Society (SBS)

England and

Wales

Land Registry

Scotland

Registers of

Scotland

England and

Wales

Land Registry

Scotland

Registers of

Scotland

Ordnance

Survey

Britains

National

Mapping

Agency

The Royal Institute of

Chartered Surveyors

79 29 100 100

Table 28 Member State membership

190 279

48 Member States profiles

This section contains profiles of all Member States participating in the study For each the

following basic information is presented

Registers on-line ndash types of registers available on-line

Access for the following users ndash which users have access to land data

RegistrationAuthentication process ndash conditions for getting access

User can search by ndash what data can be used for searches

Access by other MS ndash described whether access for users from other Member State is

available

National legislation ndash main points of national legislation related to data protection

Language ndash in what language(s) data is available

Legal status of the provided information ndash what is the legal status of the data retrieved

from the register

Payment ndash payments related information

Pilot project ndash willingness of the Member State to participate in the pilot project

481 AT

Registers on-

line

Land register Cadastre

Access for the

following users

Access is open to the public and for anyone interested via

internet the only restrictions concern search with regard to

persons

Registration

Authentication

process

Anonymous customer number of the clearing house

User can

Search by

Access by

other MS

Yes

National

legislation

No search with regard to persons each search or document has to

be paid

Language German

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Payment is always required Payment mode is subscription

payment method is credit card

Pilot project Yes

Grundbuch Cadastre Address register

Search by name (YN) n n n

Search by address (YN) y y y

Search by property identification number (YN)

y y

Search by map (YN) y y n

Other (please specify)

191 279

482 BE

Registers on-

line

Land register Cadastre

Access for the

following

users

Anyone wishing to consult the land register or the cadastre can do

so if a legitimate interest in obtaining the information is

demonstrated Notaries are allowed to access to more information

than the citizens

Registration

Authentication

process

ID Card

User can

Search by

LR No Cadastre Parcel address Parcel ID Property

coordinates Owner Map Known encumbrances Purchase price

Access by

other MS

Yes

National

legislation

All citizens can have access to their own data Land data are

limited by privacy

Language French Dutch German

Legal status of

the provided

information

Legal certificate Parcel address Parcel ID Property coordinates

Owner Map Known encumbrances Purchase price

Payment Only pre-paid Fee - creditdebit card direct debit

Pilot project Yes in principle Naturally depending on the development to be

done (or not) to be connected

483 BG

Registers on-

line

Property register Cadastre register

Access for the

following

users

LR is public with the same level of on-line access

Registration

Authentication

process

User access divided into roles only for the purpose that some of

them have free access The registered users need to verify their

accounts via the e-mail that they have provided (logging onto

their email and verifying a link) After that they can log by user

name and password

User can

Search by

Property register Parcel address Parcel ID Owner Known

encumbrances

Access by

other MS

All users can obtain the same information after making a

registration and pay for the services of the portal

They can search by name address property identification

number

National

legislation

All information is public

Language Bulgarian

Legal status of

the provided

Official documents are issued only on paper in the Registry

Agencyrsquos offices They are stamped by Registry Agency and

192 279

information signed by Entry judge They are not available via internet

Payment Bank payment electronic payment

Pilot project Yes

484 CY

Registers on-

line

Land register and Cadastre within the Cyprus Integrated Land

Information System (CILIS)

Access for the

following

users

Registration

Authentication

process

As far as the civil servants who use the internal CILIS IT System

are concerned there is an internal registration and authentication

process As far as the rest of the categories who will have access

to the Government Gateway by Mid-2014 there will be a

registration and authentication process in the Gateway itself In

addition and for some Gateway applications an extra

authentication in-person may be required and will be dealt with

by the Citizen Service Centre in Cyprus or by the Cyprus

Embassies abroad Plans are also made that by the year 2015 an

e-card using e-signatures will also be available therefore the

authentication in person will not be necessary anymore

User can

Search by

Access by

other MS

Yes

Regarding access to the register and the so-called lsquoproperty

searchrsquo please find below a summary of the legislation that deals

with all users in general

Under section 51A of the Law Cap224 the Director of the

Department of Lands amp Surveys may provide any interested

person with any information recorded in the Land Register or in

any other file or book kept with any District Lands Office current

or previous including among others the history of each property

or all immovable properties of each owner and a very wide range

of information for each property and every transaction affecting

thereof It also allows the inspection of files or other documents

193 279

by lsquointerested personsrsquo in the presence of an officer of the

Department

A search certificate is issued only after the respective application

has been filed and the prescribed fees have been paid to the

Department of Lands and Surveys

Only an lsquointerested personrsquo or hisher agent or attorney may file

an application to be issued a lsquosearch certificatersquo

lsquoInterested personsrsquo means the owner of the property his heirs

devisees and legatees the owner of any trees buildings or other

objects on the land which belongs to another and vice versa the

person entitled to any right or interest in the immovable property

who satisfies the Director that he is a prospective purchaser or

mortgagor the plaintiff in any action against the owner of such

property the professional valuer who may require certain

information for purposes of evaluating certain immovable

property in a case relating to compulsory acquisition and includes

any person not thus specified to whom the Director may

specifically order that any information be furnished

The following persons are to this day specified as lsquointerested

personsrsquo Land Surveyors members of the Cyprus Scientific and

Technical Chamber Estate Agents the Director of the Council

for Registration and Control of Building and Civil Engineering

Contractors spouses or former spouses banking institutions

owners of adjacent properties accountants or auditors and

persons that have in their favour a decisionorder of the Court

regarding the property of the defendant

At the time of filing of any application for the issue of a search

certificate all applicants are advised to produce their identity card

and give the particulars of the property for which the information

is requested as well as provide any documents proving that they

are lsquointerested personsrsquo (eg certificate of registration certificate

of death and heirs etc) Where the information requested

concerns the properties of a specific person full particulars of his

name place of origin full address and whenever possible his

identity number should be given

National

legislation

Mentioned above

Language On line information will only be available in Greek for the time

being Any manual information may be translated in English

Legal status of

the provided

information

Legal Certificate Register Data

Payment The Government Gateway will require a pre-paid fee

194 279

Pilot project No for the time being

485 CZ

Registers on-

line

Information system of the cadastre of real estate (ISKN)

Registry of the Territorial Identification Addresses and Real

Estate

Access for the

following users

Information system of the cadastre of real estate

Paid service is available for everybody (citizens) free of charge

service is available for government and local self-government

organizations notaries and other authorized providers based on

the law

Registry of the Territorial Identification Addresses and Real

Estate

Free of charge service available to everybody

Registration

Authentication

process

Every applicant having the intention to get the access to the

Information system of the cadastre of real estate ndash remote access-

has to ask it in the form of request He must fill in the form to be

found on the website in which he mentions his name address

type of payment how often the invoice(s) should be sent to him

(there are some possibilities) etc Based on that request he

receives the confirmation and agreement together with his User

ID and password For citizens of other Member States there can

be a bit modified agreement but there is not any legal restriction

regarding the availability of the ISKN registry for foreigners

There is no possibility to get the legal output (authorised and

having the status of legal document) on-line without registration

195 279

Such an output can be obtained for single user in any cadastral

office or at any authorised provider or certifier (some notaries

post offices Contact points of Czech state administration -

CzechPoints)

There is another service lsquoconsultation the CRErsquo which is

available for everybody free of charge and users can get only

limited information from CRE serving for information only not

for legal purposes

User can

Search by

Access by

other MS

Yes

National

legislation

Everybody can get the access to the electronic data administered

in ISKN under conditions stated in the regulation to apply the

Cadastral Law (Act Nr 2562013 sect55 point 3) - based on

registration

Language Czech

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Registered user must pay for all provided outputs from

Information system of the cadastre of real estate The fee for a

page A4 is at present 50 CZK (approximately 2 Euros) and

average output has 2 pages

Registered user is invoiced after ending the accounting period

(monthly quarterly or yearly)

The invoice can be paid via money transfer creditdebit card or

even cash at the cadastral office-that option is not used very

often

Pilot project No

ISKN RUacuteIAN

Search by name (YN) y no

Search by address (YN) no y

Search by property identification number (YN) y n

Search by map (YN) y y

Other (please specify)

196 279

486 DE

Registers on-

line

Land registry Real estate cadastre

Access for the

following

users

Land registry

Real estate cadastre

Registration

Authentication

process

NA

User can

Search by

NA

Access by

other MS

NA

National

legislation

NA

Language German

Legal status of

the provided

information

NA

Payment NA

197 279

Pilot project NA

487 DK

Registers on-

line

Den Digitale Tingbog

(The Digitised Land Register)

Access for the

following

users

For everybody there is available summary information only

All information is available with logon by Danish digitised

signature

Registration

Authentication

process

Access by Danish digitised signature ndash does not require that the

system knows the user

User can

Search by

Access by

other MS

The system is open to everyone and there are no limitations

neither in terms of data nor roles

National

legislation

Due to existing Danish legislation full access is given by Danish

digitised signature

Language Danish

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment No fees

Pilot project No

488 EE

Registers on-

line

Land register Land cadastre

Access for the

following

Everyone some for free some with a fee

YN

Search by name N

Search by address Y

Search by property identification number N

Search by map N

Other (please specify) N

198 279

users

Registration

Authentication

process

Authentication is needed in the following cases

1 In case user wants to see personal LR information documents

etc authentication can be done by using ID-card mobile-ID or

on-line bank authentication

2 In case contractual user makes inquiries via website

kinnistusraamatrikee authentication can be done by using

username and password or ID-card Authentication is needed in

order to distinguish users who have to pay the fee (banks etc) and

users who get LR information free of charge (notaries

government agencies etc)

3 Contractual users who are obligated to pay the fee (banks

registered lawyers etc) can also use xml-services In that case

username and password is needed for authentication

4 Contractual users who get LR information free of charge can

also use x-road services in order to make inquiries directly from

the information system they are using (eg e-Notary) In that case

authentication is not needed since it is already done

User can

Search by

Access by

other MS

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

National

legislation

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

Language Estonian inquiries can be made in English but answers are

always given in Estonian

Legal status of

the provided

information

Provided information is legally valid and has the state guarantee

at the time of inquiry

199 279

Payment Fee Credit and insurance institutions Registered lawyers

member of the Bar

Free Notaries and Civil servants A person making inquiry about

himself or herself in the state portal (wwweestiee) A person

making inquiry while performing a public function provided for

in the law such as Government agency Court Local government

agency Notary Bailiff etc

Pre-paid and post-paid (money transfer creditdebit card direct

debit etc)

Pilot project Yes Estonia would like to become a lsquoPilot projectrsquo for

implementing testing and evaluating Land Register

interconnection in the framework of the European e-Justice

Portal

489 EL

Registers on-

line

Regional Land Registry Offices

National Cadastre

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation then the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those Transitional

Cadastral Offices there are capabilities for on-line access to the

relevant land data Gradually (up to 2020) all traditional

lsquoRegional Land Registry Officesrsquo as well as lsquoTransitional

Cadastral Officesrsquo would be converted to the lsquoPermanent

Cadastral Officesrsquo and thus it would be possible to have on-line

access in all of them

Access for the

following

users

Registration

Authentication

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Notaries N Planned (expected to access the system through web services) 2016

2 Registered lawyers member of the Bar

N Planned (expected to access the system through web services) 2016

3 Surveyors N Planned (expected to access the system through web services) 2016

4 Registered Users N For certain areas of the operating Cadastre in which the cadastral surveying process has started after 2006 The Ministerial Decision for enabling registered users to have direct access to the first registrations of their properties was signed in March 2014 Activation of this capability will take place in the forthcoming months

200 279

process other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

User can

Search by

Regional Land Registry Offices

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those offices there are

functionalities in the computer systems that enable searches listed

in the table below (the one that corresponds to the lsquoNational

Cadastrersquo) Gradually (up to 2020) all traditional lsquoRegional Land

Registry Officesrsquo as well as the lsquoTransitional Cadastral Officesrsquo

would be converted to the lsquoPermanent Cadastral Officesrsquo and

thus it would be possible to perform the types of searches listed

below in all of them

Access by

other MS

Yes

National

legislation

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

Language Greek

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Certificate of registration of a land transaction - certifies that a

specified land transaction is registered

Regional Land

Registry Offices

National Cadastre

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Y

201 279

Certificate of cadastral registrations of subsets of property rights

about a user-specified property - lists the cadastral registrations of

certain user-specified types of rights that have been registered

about a real property

Certificate of cadastral registrations of a physicallegal person -

lists the cadastral registrations that pertain to a specified person

Certificate of absence of cadastral registrations about a

physicallegal person - it certifies that a given physicallegal

person does not have any property or other registered right

Copy of a propertyrsquos cadastral sheet - it contains the history of all

legal information about a property (ownership encumbrances

etc)

Copy of a deed or a document from the cadastral survey archives

Copy of a propertyrsquos cadastral map extract - it depicts the location

of the property into the National Grid and the neighbouring

properties

Copy of a propertyrsquos cadastral map extract containing the

coordinates of the propertyrsquos boundaries - it depicts the location

of the property and contains the coordinates of the propertyrsquos

boundaries into the National Geodetic Reference System

Payment Pre-paid for all types of users via money transfers or direct debit

Pilot project With the currently available financial and human resources in the

cadastral agency no However if the pilot study was financed

from other sources then the possibility for the Hellenic National

Cadastre and Mapping Agency to become a lsquopilotrsquo point could be

considered

4810 ES

Registers on-

line

Land Registry (provides on-line access to data from around 1000

Land Registers) Spanish Directorate for Cadastre (responsible for

95 of the Spanish territory) Other 4 cadastral organisations

responsible for 5 of the Spanish territory Servicio de Riqueza

Territorial de Navarra Catastro de Aacutelava Catastro de Guipuacutezcoa

Catastro de Vizcaya

Access for the

following

Land Registry System Civil servants Notaries When a

legitimate interest is claimed Registered lawyers member of the

202 279

users Bar Credit and insurance institutions Justice (judges or

experienced justice professionals) Access is already organised

via EULIS for everyone Access is available also to the registered

owner mortgagee and mortgagor

Spanish Directorate for Cadastre Civil servants Notaries

Registered lawyers member of the Bar Credit and insurance

institutions Justice (judges or experienced justice professionals)

Additionally financial institutions lawyers legal representatives

account auditors administrative managers real estate agents and

other professionals developing similar businesses as well as the

Public Entities and detectives provided that they declare the

reason for such consultation and this is in agreement with the

purposes of the Registry

Examples of legitimate interests

Foreign judge needing the information for a certain civil or

criminal procedure foreign solicitor lawyer or notary needing the

information to perform a certain conveyance over the property

In the application forms available to get the information there are

some common interests that can be alleged

bullLegaleconomic investigation on credit solvency or

responsibility

bullLegal investigation on object ownership or limitations

bullInvestigation for contracting or mediation of shares

bullThe applicant is a registered owner of some landed property

Registration

Authentication

process

Information is requested in the asynchronous way User and a

password can be created facilitating the process of information

request When verification is done through credit card all users

have the same rights and access No one have direct access to the

data base itself

User can

Search by

Parcel address Parcel ID Property coordinates Map (graphic

bases) Deed Owner Purchase price Mortgages Known

encumbrances

Access by

other MS

Yes

203 279

National

legislation

Data protection regulation

Language Spanish and all the other official languages of the country

- catalan in Catalonia Balearic Islands and Valencia

- Gallego in Galicia and Vasque in the Vasque Country

English (and soon in other foreign languages)

Legal status of

the provided

information

Legal certificate every legal data provided ownership burdens

encumbrances attachments hellip

Payment Fee Post-paid (Users with password and account registered pay

once a month and are charged directly to their bank accounts) and

Prepaid (Credit card provided by the user every time a request is

done The credit card details can be filed in with the users account

so that there is no need to enter them every time)

Soon payments through mobile phones will be admitted

Pilot project Yes

4811 FI

Registers on-

line

Land Register called lainhuuto- ja kiinnitysrekisteri in Finnish

Cadastre

National Land Information System

Purchase price register

Access for the

following

users

Owner encumbrances and price data is accessible on-line only to

users in below categories 1-5 For what concerns the

identification informationdata of an individual relevant land data

entity of Land Register the information is accessible to everyone

Registration

Authentication

process

The national law requires acceptance of a personal user request in

a written application form for each category of user

204 279

User can

Search by

Parcel ID Property coordinates Map Known encumbrances

Access by

other MS

Yes

National

legislation

Automated confirmationverification of the userrsquos category done

by the Member Staterdquo is not possible in authorisation as Finish

law on National Land Information System requires acceptance of

a personal user request to access Land Register on-line in a

written application form for each category of user In principle the

access conditions are similar to everyone independent of their

country of origin but changing the answer to allow access by the

user category here would require appropriate legal modifications

Language Finnish Swedish English (to be implemented)

Legal status of

the provided

information

No formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a

property title

Payment Fee Post-paid by invoice

Pilot project Probably not because of current critical development stages - to

be discussed

4812 FR

Registers on-

line

Three departments (Moselle and the two departments of Bas Rhin

amp Haut Rhin forming the Alsace region) have their own land

register regime (managed for the Ministry of Justice) where all

land data is centralised into a unique file AMALFI

French notaries and geometers have access to the SPDC (Serveur

Professionnel de Donneacutees Cadastrales) server providing access to

a subset of land data

Access for the

following

users

AMALFI Justice professionals (notaries bailiffs geometers

municipalities) have on-line access (others send asynchronous

requests)

205 279

SPDC only French offices of notariesgeometers have access

when registered

Registration

Authentication

process

AMALFI Authentication (justice professionals notaries etc) is

done via a smart card for the on-line access and requests of copies

lsquopersonsrsquo No authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on request (form

signed by the user and by his professional body)

SPDC IDpassword to be distributed by the registered office

User can

Search by

AMALFI Name Address Property ID number Number of the

lsquoannexersquo

SPDC Knowing the location (commune) by cadastral Ndeg owner

name document Ndeg

Access by

other MS

Not implemented

French services do not take position on this point (accepting to

process asynchronous requests is a political decision)

National

legislation

France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of

the provided

information

FIDJI (responses provided by DGFI (Ministry of Finance) using

the FIDJI application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against third parties

(lsquoopposabiliteacutersquo) The relevant service (of land publicitypubliciteacute

fonciegravere) certifies that the answer reproduces the exact lsquostatus of

the filersquo at the time of the request The French State would be

responsible in case of error (if the status of the file is not properly

reported)

SPDC (on-line) no legal value (informative value only)

AMALFI On-line answers have no legal value (delivered for

information only)

Copies provided on paper are signed by the lsquoGreffierrsquo and are

Certificates

Payment Various systems exist including SEPA transfers and the on-line

payment via the usual credit cards (VisaMasterCard etc)

206 279

Pilot project France is not candidate (reason too much work in progress ICT

reorganisation lack of national system on-line)

4813 HR

Registers on-

line

LR Cadastre

Access Everyone (assuming that users have same level of data access)

RegistrationA

uthentication

process

No User IDpassword only typing in protection code that

enables to access the database

User can

Search by

Address the cadastral parcel number or the land registration file

number

Access by

other MS

Yes

National

legislation

This issue has not yet been regulated by the legislation of the

Republic of Croatia

Language Croatian

Legal status of

the provided

information

Legal certificate Real Property Title Encumbrances

No formal guarantee Real Property

Payment No fee

Pilot project Yes

4814 HU

Registers on-

line

Unified Land Registry System

(cadastre and the legal registry ndash lsquoGrundbuchrsquo)

207 279

Access for the

following

users

Registration

Authentication

process

The Act CXLI1997 on Land Registration provides accession to

the so-called TakarNet System for certain users and user groups

and regulates the access conditions Further conditions of making

use of electronic land office services and details of data servicing

are regulated by the decree 1762009 (XII28) FVM (Ministry of

Agriculture and Rural Development)

Users 1-8

The Application for Access Permit can be submitted only in

Hungarian on the standardised form issued for this purpose as

the enclosure to the ministerial decree clause (No 1091999

(XII29) FVM) of the Act on Land Registration

When submitting the application general procedural duties

are to be paid This duty is payable in duty stamps sticking

them on one copy of the application Those applicants

exempted of the payment should submit a declaration stating

that after their entrepreneurial activity or performance in the

year preceding the submission of the application they were not

obliged to pay into the central budget

Lawyers public notaries individual bailiffs of the court

should enclose the certificate of the competent Chamber (issued

not earlier than 30 days) saying that the applicantrsquos membership is

existing heshe did not suspend the activity and there is no

disciplinary action opened against himher

Institutions financed from the national budget (e g local

governments) ndash if they wish to be exempted of paying data

supplying fee ndash should submit a declaration stating that after their

entrepreneurial activity or performance in the year preceding the

submission of the application they were not obliged to pay into

the central budget

Other companies should enclose the current original authentic

(or by public notary authenticated) certificate of registration

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y Search according to parcel ID or parcel address for the need of their authority

2 Notaries Y Acting for their clients according to the law search according to parcel ID or parcel address in succession procedure search by ownerrsquo name is allowed (case must be identified)

3 Registered lawyers member of the Bar

Y Search according to parcel ID or parcel address acting for their clients according to the law

4 Credit and insurance institutions Y Search according to parcel ID or parcel address for the need of their tasks we have banks from Europe among our clients

5 Justice (judges or experienced justice professionals)

Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

7 Property agencies different companies

Y Search according to parcel ID or parcel address for the need of their tasks

8 Police detective authorities bailiffs Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

9 Citizens Y Search according to parcel ID or parcel address

208 279

(issued not earlier than 30 days) and the original authentic

specimen of signature

Private individual entrepreneurs should enclose to the

application form for natural persons filled in two copies an

official original certificate issued by the competent document

office not earlier than 30 days saying that the applicant has been

and is also currently registered as private entrepreneur The

certificate should mark the field of activity of the applicant

verifying the necessity of the on-line query of land office data

Based on the Access Permit a Service Contract specifying the use

of the system is signed The service contract and its enclosures

specify the services accessible for the User the number of the

access payment obligations etc The institutions and companies

should declare in the contract how many digital certificates

they need and for how long period of time of validity When

determining the number of the digital certificates it is necessary

to consider that with one certificate you can have at one time

only one access and that you can select and pay two different

periods of time for your certificates (3 or 6 years) After the

signing the contract and paying for the required certificates the

Client will be registered as User and the certificates are issued

The certificate (access authentication) is a digital signature (from

technical point of view) which can be used within this system

only

User 9

The client already registered at the central governmental Client

Gate can automatically use the services of Land Office On-line

after entering the Land Office Portal free of charge and without

new registration The client who is not registered yet has to

register first It can be done personally and free in any Citizens

Office or Government Window to receive a user-ID with

password

User can

Search by

Access by

other MS

Access is available for Member States organisations or citizens

under the same conditions The national legislation does not

restrict users from Member States they have to meet the same

conditions

National

legislation

According to the Act CXLI1997 on Land Registration the

Registry is public which means that the property sheet data and

the maps may be reviewed without restriction by any person

YN

Search by name (YN) only for certain users in certain cases specified in law like police in investigation cases notaries in succession cases etc

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) N map can be searched by property ID and address

Other (please specify) N

209 279

notes may be made and copies may be requested

The following copies can be requested

- non-authentic copy of property sheet (review or full)

- e-authentic copy of property sheet (review or full)

- copy of cadastral map

Review copy contains the existing data full copy contains also

the deleted (historical) data as well

Multitudinous requests are not allowed

Language Hungarian

Legal status of

the provided

information

All the provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Prices and fees of data servicing and the other relevant

instructions are determined by the Act LXXXV1996 The data

service through the network is subject to payment of fees The

user only pays for the services requested

The data servicing procedure ndash from the moment when the user

sends the query till heshe receives the requested data ndash has

several check points Consequently if the user interrupts the

procedure of query e g the user starts a search based on the

address of a land and receives the parcel identity number of the

property but the user does not want to have the property sheet

the system will not charge anything for the services connected to

the search and not for the property sheet

Registered users receive an invoice monthly about the payable

balance and pay by bank transfer (post-paid)

Citizens pay by credit card in advance (pre-paid) The fees are the

same as the currently used administrative servicing fees

determined in the relevant rules of law and other regulations

No subscription possibilities

Pilot project No

4815 IE

Registers on-

line

National Land Register Registration of Deeds

Access for the All users have equal access on payment of a prescribed fee under

210 279

following

users

Statutory Instrument SI 3802012 Any person may search any

folio of the Register and obtain a certified copy thereof on

payment of the appropriate fee

The original deeds underpinning registration ie deeds and

documents of are filed and stored These deedsdocuments of title

including application forms are called instruments Access to

instruments is not open to all nor is access to such information

available electronically Any information on deeds and documents

filed in the Property Registration Authority can only be accessed

in accordance with the provisions of Rule 159 of Land

Registration Rules 2012 The Property Registration Authority

manages any personal data acquired in accordance with the Data

Protection Acts 1988 amp 2003

Registration

Authentication

process

Users of Land Registry information can access information on

line through landirectie On-line access is available to any person

on payment of prescribed fees Professional users such as

solicitors become authorised users and are account holders

Authorised users can

bullConduct on-line searches of the register (folios and title plan

maps)

bullUndertake names index searches

bullSearch and locate property using our digital map

bullUse an index of addresses to view a map and locate a folio

bullDiscover the existence of any relevant transactions which may

already be pending in the Land Registry against a particular

property

bullTrack progress of cases on-line

bullOrder certified copies of particular documents

bullLodge applications for registration ndash eForm 17

bullAvail of these services from 7am to 8pm Monday to Friday and

7am to noon on Saturdays

For professional users landdirectie operates on a subscription

basis Usernames and passwords are assigned There is no charge

for accessing the landdirectie but fees are payable for the actual

usage of the services provided

Since 2011 access has been extended to non-account holders as

211 279

until then landdirectie was available only to persons and

organisations that had opened and maintained an account with the

PRA Customers who wish to search maps and view the land

register (folios) on-line can do so without having to open and

maintain an account Payment is facilitated by a secure

creditdebit card transaction system

User can

Search by

National Land Register Land data Parcel address Parcel ID

Property coordinates Owner Map Known encumbrances

Registration of Deeds 100 of all Deeds since 1970

Access by

other MS

The same conditions apply to any party accessing

landdirectielanddirectie an account for a professional user would

be established or for non-professional user payment would be by

way of secure creditdebit transaction

National

legislation

The conclusiveness of the register is subject to certain limitations

under Section 72 of the Registration of Title Act 1964 A

certified copy of folio carries the state guarantee at time of

delivery

Language English Irish

Legal status of

the provided

information

Legal Certificate

Payment Subscription for account holders or payment by secure

debitcredit transaction

Pilot project To follow

212 279

4816 IT

Registers on-

line

Land registers (Agenzia delle Entrate) Cadastre (Agenzia delle

Entrate)

Libro Fondiario (Provincia Autonoma di Trento Servizio Libro

Fondiario) - From 1910 to 2006 all data are reproduced on

microfilm From 2006 to 2011 100 of deeds and titles are on-

line 100 deeds and titles of the year 2012 will be on-line by

2014 100 deeds and titles of the year 2013 will be on-line by

2015

Access for the

following

users

Land Registers access to land registers is allowed to anyone

submitting a request with no need to demonstrate a legitimate

interest

Cadastre Cadastral information is allowed to anyone submitting

a request with no need to demonstrate a legitimate interest The

only limitation due to privacy reasons concerns the cadastral

plan

Registration

Authentication

process

LR lsquoOn-line land registers consultationrsquo To use that service it is

necessary to make a registration to the on-line financial services

of Poste Italiane (the Italian Postal Service) for the payment of

due taxes

Cadastre on-line services of Agenzia delle Entrate Free of

charge gives access to all the cadastral data including those

concerning the ownership

Cadastral and land registers databases

213 279

For registering it is necessary to specify the fiscal code and the

total amount resulting from the last individual income tax return

Following the registration the applicant receives a Pin code The

kind of access allowing the widest consultation mode through the

use of a special technical platform named Sister requires the

drawing up of a contractual agreement with the Agency That

agreement is necessary for any subject physical person or legal

entity private user or public institution Following the positive

result of the request of agreement the user will receive an

invitation to activate it taking possession of the personal

password as lsquoResponsible for the connectionrsquo This password will

also be used for on-line payment

User can

Search by

LR Parcel ID Owner (person or enterprise) Known

encumbrances Crossed search (parcel ID + owner) Search of

notes or titles

Cadastre Parcel address Parcel ID Owner (person or enterprise)

Access by

other MS

Yes

National

legislation

NA

Language Italian

Legal status of

the provided

information

No formal guarantee that the register is up to date

Payment LR Poste Italiane applies different commissions depending on

the chosen on-line payment method by charging on onersquos

account at Poste Italiane (Conto BancoPosta) through credit card

(Visa and Mastercard) through Postepay card bank transfer

Pilot project The answer to this question needs an involvement of upper

decision levels

4817 LT

Registers on-

line

Real Property Register Mortgage Register

214 279

Access for the

following

users

Registration

Authentication

process

To make search in the Real Property Register an Agreement for

the Provision of Information from the Real Property Cadastre and

Register must be signed with the State Enterprise Centre of

Registers Every professional user (civil servants notaries

registered lawyers members of the Bar credit and insurance

institutions justice (judges or experienced justice professionals))

is given an identification number which is being registered and a

password while a computer is given a code Only professional

users who are granted identification number can access the

Register

The intended purpose of use is indicated in the agreement for the

provision of information or in the application Third party

statements are included in the Agreement The SECR can grant

the right to the third party to distribute real property data under

the agreement

Access to the information of land register of the members of

EULIS through EULIS service is provided for Lithuanian users

on the basis of agreement on provision of information through the

EULIS A user is given an identification number which is being

registered and a password while a computer is given a code

Owners of real property can access the information about all their

owned or possessed property through the Self-Service offered by

the State Enterprise centre of Registers

httpwwwregistrucentrasltsavitarna If the owner of real

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

2 Notaries Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws ndash registered users (on the basis of agreement)

3 Registered lawyers member of the Bar

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

4 Credit and insurance institutions Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

5 Justice (judges or experienced justice professionals)

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

6 Access is already organised via EULIS or ELRN

Y For the members of EULIS on the basis of agreements on provision of information through the EULIS

7 Owners of real property Y Access to information about all their owned or possessed property

8 All users Y Access to the following information only Register No real property object name unique number address

215 279

property is a citizen of the Republic of Lithuania or a foreigner

who has been issued documents confirming personal identity in

the manner established by legal acts of the Republic of Lithuania

and if a person is a user of Internet banking system or a digital

certification centre heshe can access the Real Property Register

(Land Register) without any agreement A list of Internet banking

systems or digital certification centres as well as some other

authentication ways is provided before connection to the Real

Property Register

All users are allowed to make a public search in the Real Property

Register by address of property without any agreement or

authentication However such public search allows access only to

the following information Register No real property object

name unique number address A user is allowed to make up to

300 searches per day

User can

Search by

Access by

other MS

According to the Regulations of the Real Property Register

approved by the Government of the Republic of Lithuania

lsquoRegister data shall be supplied to legal persons entities having

no status of a legal person their branch offices and

representations of the Member States of the European Union

countries of the European Economic Area and the third countries

as well as natural persons in the same manner as the data are

supplied to legal persons and natural persons of the Republic of

Lithuania unless this is in breach of the laws of the Republic of

Lithuania international treaties and other legal actsrsquo Therefore

the same categories of users as given in the table from other

Member States can receive access to the Real Property Register

on the basis of signed data provision agreements Every

professional user is given an identification number which is

being registered and a password while a computer is given a

code

In principle it could be assumed that confirmationverification

could be done by Member States from which the user originates if

there is an agreement with relevant institution and this issue

namely user categories is described in the agreement

Real Property Register

Mortgage Register

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other Search by the name and code of a legal entity

Y

216 279

National

legislation

Communication of the data from the Real Property Register is

regulated in the following legal acts

1 Law on Legal Protection of Personal Data of the Republic of

Lithuania

2 Law on Real Property Register of the Republic of Lithuania

3 Regulations of the Real Property Register of the Republic of

Lithuania

Language Lithuanian for the users of EULIS service information is

provided in English

Legal status of

the provided

information

For all data in the Real Property Register Provided information is

a legal certificate It has the state guarantee at the time of delivery

and ndash according to the condition of the attached disclaimer ndash it is

valid for establishing a title of property

According to the Law on Real Property Register all data in the

Real Property Register shall be recognised as correct and

complete from the date of their entry into the Register unless

disputed in the manner prescribed by laws

Payment The Real Property Register data is provided for payment but with

exceptions established in the Law on State Registers of the

Republic of Lithuania and other laws The procedure for

calculating payment for the use of Register data is established by

the Government of the Republic of Lithuania

When information from the Central Databank of the Real

Property register is supplied to a computer of the data recipient

the agreement made between the data provider and recipient shall

specify the rights and responsibility of a data recipient the

purpose of data use other conditions and procedure

Natural persons or legal entities shall pay the following fee for the

use of Register data (1 EUR ndash 34528 LTL)

- For one search in the database ndash 1 Litas

- For displaying one entry of the Register on the screen when

information is transferred from the Central Databank to the

computer of data recipient under the terms and conditions

provided for the agreement between the data provider and

recipient ndash 2 Litas

- For the preparation of one excerpt from the Register ndash 5 Litas

217 279

- For displaying an extract of cadastral map with the real property

objects on the screen (when performing the following actions of

search in the database performing all searches of the real

property object on the cadastre map moving the map zooming in

and out displaying orthophoto map) under the terms and

conditions provided for in the agreement between the data

provider and recipient ndash 02 Litas

- For displaying the cadastre map of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 2 Litas

- For displaying the cadastral data of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 3 Litas

- For checking of the Cadastre and Register data on real property

object and formation of a note on data revision ndash 125 Litas

- For a copy of a plan of land parcel or structure A4 form ndash 3

Litas A3 form ndash 5 Litas

- For a print-out of a structure plan from the database A4 form ndash

5 Litas A3 form ndash 8 Litas A2 form ndash 10 Litas A1 form ndash 15

Litas A0 form ndash 20 Litas

- For a print-out of an extract from cadastral map from the

databank A4 form ndash 10 Litas A3 form ndash 12 Litas A2 form ndash 15

Litas A1 form ndash 20 Litas A0 form ndash 30 Litas

- For the preparation issue and certification of the copies of other

documents in the case files of cadastral surveying and the

Register ndash 5 Litas

If an agreement is made between the data provider and the data

recipient usually a post-paid model of payment is used ie an

invoice is issued on the basis of actions performed in the Real

Property Register by the data recipient Also an average monthly

and subscription fee for the provision of data can be applied for a

certain established amount of actions in the Real Property

Register In case of single requests the pre-paid payment model is

used

The most usual method of payment is money transfer made upon

218 279

the issued invoice In case of single requests a creditdebit card

can be used Under a separate agreement with the client we can

establish a direct debit

Pilot project Yes

4818 LU

Registers on-

line

Off-line 3 Bureaux des Hypothegraveques

Access for the

following

users

Luxembourg is ready to share land registry information within the

EU as soon as case land data will be available on-line As already

stated in Questionnaire Nr 1 this is currently not the case For

the moment all Land registry information is requested and

delivered in paper form at one of the three lsquoBureaux des

Hypothegravequesrsquo

Registration

Authentication

process

Off-line register

User can

Search by

Access by

other MS

Restrictions or different levels of access do not exist

National

legislation

NA

Language French

Legal status of

the provided

All provided land data information is a legal certificate as a

consequence in all cases provided information is a legal

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y

4 Owner Y

5 Purchase price Y

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) N

Search by map (YN) N

Search by national identity number Y

219 279

information certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property

Payment A fee of 050 euro or of 074 euro is due for each copied page of

information delivered by the register

The fee is due at the moment of the delivery of information no

pre-payment and no post-payment

In principle payment in cash

Pilot project No

4819 LV

Registers on-

line

National Real Estate Cadastre Information System (Cadastre

Information System) State Address Register State Unified

Computerised Land Registry

Access for the

following

users

Cadastre Information System and State Address Register

Notaries Credit and insurance institutions Municipalities Utility

companies (water electricity etc) Real estate companies Law

enforcement (police etc) authorities Not in all cases to

Registered lawyers member of the Bar Justice (judges or

experienced justice professionals) Civil servants

State Unified Computerised Land Registry Everyone can access

but search available to police bailiffs government officials and

such

Registration

Authentication

process

Sign a contract and receive user ID and password

User can

Search by

State Unified Computerised Land Registry Everyone - by

property address property ID parcel ID cadastral number folio

number property name ndash fully excluding using person

identification data

Access by

other MS

Yes can search by address property identification number map

National

legislation

NA

220 279

Language Latvian Section names are available in English content is

available in Latvian only

Legal status of

the provided

information

Legal certificate for National Real Estate Cadastre Information

System (Cadastre Information System) State Address Register

State Unified Computerised Land Registry

Payment Post-paid + subscription (monthly) occasional (pre-paid) by

creditdebit card SMS payment internet banking

Pilot project No

4820 MT

Registers on-

line

No

Access Physical Form via e-mail answers are not official

Registration

Authentication

process

Special Form

User can

Search by

Parcel address Parcel ID Owner (person or enterprise) Map

Known encumbrances

Access by

other MS

Yes search only by Property identification number and Map

National

legislation

In Malta data entered in the Land Register is derived from public

deeds and is thus public However due consideration is

nonetheless given to the protection of data

Language Maltese English (as a general rule lsquoCertificates of Titlersquo are

issued in Maltese)

Legal status of

the provided

information

Legal certificateNo formal guarantee

Payment Fee by cash or by cheque only

Pilot project No

221 279

4821 NL

Registers on-

line

Land Registers and registers for ships and planes

Base Registration of Cadastre

National base registry of topographic maps

National base registry of large scale maps

National register of public limitation on parcels

Access for the

following

users

Registration

Authentication

process

There is a difference between the submission of information (by

notaries judges) and the request for information In case of

submission the use of electronic certificates is required In case

of research and enquiries a one-side non-recurring payment or

transaction based on an agreed order form will be sufficient to get

access to the required information Since there is no distinction

made between the different categories of users there is no

specific authentication required Agreed order forms will be used

specifically in cases of bulk information or when information has

to be gathered in a specific format

User can

Search by

Access by

other MS

Search by name and by address Search by property identification

number map

National

legislation

Information can only be obtained if and when paid for by all

categories of users

222 279

Language Dutch

Legal status of

the provided

information

Formal guarantee cannot be given by the cadastre because of the

non-positive aspects of the Dutch system

Payment Money-transfer credit cards and direct debit

Pilot project Yes as within the European framework (with regard to both their

registry and mapping tasks) the Dutch cadastre already takes a

pioneerrsquos role in this respect (leading role within the CROBECO

and the IMOLA projects of ELRA)

4822 PL

Registers on-

line

New Land Book

Off-line Cadaster

Access for the

following

users

Access is available on-line for everybody

Registration

Authentication

process

Access is available on-line for everybody

User can

Search by

Landbook ID

Access by

other MS

Currently available for everybody

National

legislation

NA

Language Polish

Legal status of

the provided

information

NA

Payment No fees

Pilot project NA

223 279

4823 PT

Registers on-

line

National Land Registry Tax Id of the property Cadastre

Access for the

following

users

Civil servants Notaries Registered lawyers member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) CROBECO (project and grants foreign

lawyers or notaries access to the Permanent Certificate (On-line)

or a Simplified land registry information (On-line))

Registration

Authentication

process

LR no need of an authentication process

Civil servants can access data base on agreement with the

Institute of Registries and Notaries

All others through

bullThe request of a Permanent Certificate (On-line) - To access the

permanent certificate user should enter wwwpredialonlinept fill

in the request and the system will provide an access code This

code allows the visualisation of information through the Internet

during the time period of the permanent certificate (1 year)

Although it is a pdf format it is not a frozen image of the registry

it is continuously updated as the pdf file is generated each time

the user accesses the information using the code

or

bullSimplified land registry information (On-line) via paying a fee -

It is automatically obtained from the land registry information

system It shows the essential elements of the description of the

immovable property of the person entitled to the propertyrsquos rights

and charges and indicates the existence of mortgages

attachments and any other encumbrances and charges as well as

the pending registry requests

User can

Search by

National Land Registry and Tax Id of the property Parcel ID

Cadastre Parcel address Parcel ID Property coordinates Map

Access by

other MS

Yes

National

legislation

Privacy granted by our Constitution - personal data protection

Only courts and judicial authorities can overcome this rule and

research the database by owners name to protect other

224 279

fundamental rights

Language Portuguese

Legal status of

the provided

information

Legal certificate Parcel ID (Land Registry) Owner (person or

enterprise) (Land Registry) Known encumbrances (Land

Registry)

Payment Fee - pre-paid on-line with VISA (and also trough a bank

reference payable at ATM and eBanking but this only can be

paid by a Portuguese bank account)

Pilot project Yes and fully available

4824 RO

Registers on-

line

Register of applications for land registry excerpts and notarial

deeds

GEOPORTAL - geometries cadastral number of the plot

Access Public notaries

Registration

Authentication

process

User name and password

User can

Search by

Land book number topographical number cadastral number

map

Access is limited to public notaries

Access by

other MS

No

National

legislation

According to art 29 from Law no 71996 the notarial deed on

which basis the real right is to be registered must be entered into

by a public notary performing only in Romania

Language Romanian

Legal status of

the provided

information

Legal certificate name charges encumbrances cadastral data of

systematic registration

No formal guarantee cadastral data of sporadic registration

Payment Fee is applicable where for Governmental Bodies it is free of

charge

225 279

Pilot project NA

4825 SE

Registers on-

line

Real property register (consist of both Cadastre and Land

register)

Access for the

following

users

Registration

Authentication

process

After the process of lsquoan agreement and an approved purpose of

usersquo the users get access to information with a User-ID and

password

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

0 In the registration process the administrators as access to all information

Y Internal Lantmaumlteriet and a few big municipalities

1 Civil servants (state or municipal) Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

2 Registered lawyers member of the Bar

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

3 Credit and insurance institutions Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

4 Justice (judges or experienced justice professionals)

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

5 Access is already organised via EULIS or ELRN

Y Information

6a 6b

Private persons companies and organisations

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use The Swedish register is accessible for private persons either by phone to customer service or by access to application with electronic id This is minor dissemination To organisations private and public companies through electronic dissemination either online or download Several different solutions which is the major dissemination for information from the real property register A lot of the dissemination is done through resellers Homepage httplantmaterietseenReal-Property

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y Central points

4 Owner (person or enterprise) Y Only registration officers

5 Map Y Cadastral Index Map

6 Known encumbrances N

7 Purchase price N

8 Tax assessment value N

9 Mortgages Y Internal use only

226 279

Access by

other MS

Currently no In EULIS there is an agreement between the

participating countries If the user in a participating country has

access to the land register they also can access other participating

countries There is a trust between EULIS members

Companies from all 28 Member States that comply with the

purpose of use can access information Citizens (6b) in all

Member States can call customer service at Lantmaumlteriet and ask

for information

National

legislation

NA

Language Swedish headlines in English

Legal status of

the provided

information

In Sweden registration in the Land Register of titles leases

easements and other contractual encumbrance creates a legal

presumption Even if an acquisition has been registered a

question to whether the acquisition is invalid or for some other

reason cannot be asserted may be adjudicated When someone

acts in good faith and relying on register information he or she is

protected It will either secure a bona fide acquisition or entitle

the person to compensation for losses from the state

Payment For public use there is a Geodata sharing model for Swedish

public administration with a yearly fee depending on use

For commercial users is a transaction fee

For researchers there is a discount

For property owner with an electronic-ID access to own property

information is for free by a service lsquomy propertyrsquo

Pilot project Yes

4826 SI

Registers on-

line

The electronic Land Register (eZK)

YN

Search by name (YN) Only internal

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify)

227 279

Access for the

following

users

On the basis of the Land Register Act (ZZK-1) anybody has free

access to the Land Register through an internet portal of the

judiciary lsquoeZKrsquo (via wwwsodiscesi) Free access to all data is

enabled since 2012

This includes access to land certificates of each and every

currently valid as well as formerly valid real estate property data

that were deleted as a result of new entries in the Register (regular

and historical excerpt of the Land Register) data of each and

every implemented right (mortgages etc) and in cases of real

estate property notification on pending requests (seals) It also

includes data of the procedure status the content of petitions and

orders of the Land Register Court and appellate matters (until the

matter is final)

The system also allows for e-filing by qualified users

Registration

Authentication

process

External qualified users require a qualified digital certificate and a

safe electronic mail address for e-filing purposes They are also

able to perform e-filing in Land Register procedures

Qualified digital certificate can be obtained through providers

certified by the Ministry for Education Science and Sport

External qualified users are divided into two basic groups 1

independent external qualified users and authorised

representatives of an independent external user (also called

external administrators)

1Independent external qualified users are further on divided into

the following groups

a) Professional users These users have a position of a

(professional) representative or as a judicial body in civil legal

proceedings and are managed by an external administrator who

has to confirm their inclusion into the professional user group

They consist of the following users groups Notaries Attorneys

Bailiffs Administrators State Attorneys Office of the Republic

of Slovenia State Prosecutors Offices

b) Users ndash case parties These are users who have a position of

case parties to the proceedings in civil legal proceedings They

are self-managed and do not require approval of an external

administrator for their inclusion in the user group lsquoUser ndash case

228 279

partyrsquo

They include the following users groupsCase parties -

legal entities

Case parties ndash individuals

and State Authorities and Local Communities

2 External administrators These are users in the security scheme

who manage the users from their particular groups of the

professional users by confirming their inclusion in or exclusion

from these groups They typically do not execute e-tasks (and do

not act as participants in civil judicial proceedings) External

administrators are included in the security scheme by the Centre

for Informatics (at the Supreme Court) upon their request

Administrators of each group of professional users are

for the group of notaries Chamber of Notaries of

Slovenia

for the group of lawyers Bar Association of Slovenia

for the group of bailiffs Chamber of Bailiffs of Slovenia

for the group of insolvency administrators Slovenian

Chamber of Insolvency Administrators

for the groups of the State Attorneys Office of the

Republic of Slovenia and municipal attorneys offices

State Attorneys Office of The Republic of Slovenia

for the group of state prosecutors offices Supreme

Prosecutors Office of the Republic of Slovenia and

7 for the group of real estate companies Ministry for

Environment and Spatial Planning

User can

Search by

229 279

Access by

other MS

Yes

National

legislation

NA

Language Slovenian

Legal status of

the provided

information

Legal certificate

Payment No fee

Pilot project Yes

4827 SK

Registers on-

line

Land Registry Information System

The relevant land data is viewable in off-line mode for everybody

on Cadastral portal But nobody (except administrators) has on-

linedirect access to them at the moment

Access for the

following

users

Registration

Authentication

process

NA

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants N In 2015

2 Notaries N In 2015

3 Registered lawyers member of the Bar

N In 2015

4 Credit and insurance institutions N In 2015

5 Justice (judges or experienced justice professionals)

N In 2015

6 Access is already organised via EULIS or ELRN

N In 2015

Nr Land data Search is possible YN

Comments

1 Parcel ID Y

2 Property coordinates Y

3 Owner (person or enterprise) Y Trustee tenant

4 Map Y

5 Known encumbrances N

230 279

Access by

other MS

NA

National

legislation

The only restricted details are personal identification number of

the owner and the property price These are available for the

property owner only

Collection of cadastral documents is available only for property

owners their legal predecessors or other eligible persons as well

as for geometers Detailed description of who is authorized to

access various cadastral data is specified in the Cadastral Act

1621995

Language Slovak The information could be provided in a national minority

language this is possible only in specific regions where

population of national minority is at least 20

Legal status of

the provided

information

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Through the Cadastral Portal users are able to search and

download Ownership Documents These however have only

informative character If users want to use the Ownership

Documents for legal purposes they must gomail to the regional

District Office Cadastral Department and have them officially

certified

Ownership Document contains information about owner(s)

property details acreage manner of acquisition of property and

encumbrances It is also possible to view a map of the required

property on the Cadastral Portal

Payment Searching through the Cadastral portal is free of charge

However obtained information (eg Ownership Document) has

only informative character For having that information officially

certified one must pay a fee as it is stated in the Act on

Administrative Fees According to this Act only state

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Search by undetermined owners by Ownership Document by construction by Apartmentnon-flat space

231 279

administration bodies of Slovak Republic have in some cases free

access to this kind of information Also cadastral authority does

not charge in the case of acts necessary for the inheritance

proceedings and for the protection of national cultural heritage

The whole list of who and under which circumstances is exempt

from the payment is stated in the aforementioned Act

The fee for issuing of a copy of the original of an Ownership

Document is 8euro The fee for issuing of a copy from the cadastral

map is 8euro as well These are the two most common requests Of

course there are other charges for services which are mentioned

in the Act on Administrative Fees 1451995

(httpwwwzakonypreludiskzz1995-145)

It is either payment on the spot (when you personally attend the

local cadastral office) or pre-paid if using money transfer

According to the Act on Administrative Fees available payment

methods are revenue stamp cash creditdebit card and money

transfer However in reality only two methods are in use

Revenue stamp and money transfer

Pilot project No

4828 UK

48281 England and Wales

Registers on-

line

Register of title Register of cautions against first registration

Land Charges Registers

Access for the

following

users

The registers are open registers Anyone can sign up for a Land

Registry business e-services account to gain on-line access

provided they agree to pay by direct debit They will be given

access to the Land Registry portal to apply for copies of the

registers and plans and for copies of documents referred to in the

register or documents held by the registrar in connection with an

application

Registration

Authentication

process

lsquoFind a propertyrsquo service for citizens ndash Private citizens must

register for a Property Search User account On-line they must

provide their name address (including country) email address a

user name and a password Citizens must have a credit or debit

card in order to pay the fees for services used Those payments

232 279

are processed for the Land Registry by RBS Worldpay

The citizenrsquos Property Search User Account will automatically be

cancelled without prior notice on or after six months after the

account was last used A citizen must then re-register to use the

service again

Land Registry business e-services portal account ndash all business

customers who wish to use on-line services must first register for

portal services A single application covers an entire legal entity

including all departments branches and sub offices All

organisations using Land Registry Business e-services must have

at least one variable direct debit account set up with their bank for

the payment of Land Registry fees They must complete an

application form giving details of their organisation and

nominating an lsquoadministratorrsquo and a lsquoresponsible personrsquo They

can also nominate deputy administrators and responsible persons

The application form must be printed out completed and sent to

Land Registry in paper format The organisation confirms that the

use of the portal service is governed by the lsquoPortal conditions of

usersquo which are published on the website

Once the Land Registry has used the information in the

application form to create an account we will send the

administrator(s) a security token The Entrust IdentityGuard Mini

Token is a high-quality one time password (OTP) device

designed to help provide strong versatile authentication The

security token provides an additional level of security over and

above the administrators user ID and password A different

unique PIN number is generated by the token each time the

administrator presses the button (hence lsquoone timersquo) For a limited

period of time that PIN number is synchronised with the PIN

number for that token in Land Registrys credential database in its

hardware security module When administrators attempt to log on

to the Land Registry network via the portal they are prompted to

enter the PIN number generated by the token If the entered PIN

number is correct they are granted access to the system The token

is durable against normal wear and tear with an expected battery

life between six and eight years No additional software needs to

be installed to support the use of OTP tokens

The token will allow the administrator to access the new portal

account and set up the individual users from the organisation who

will use the service Each individual user will have a user ID

allocated and a temporary password that they must change The

individual users do not need a token to use the services only their

233 279

user ID and password The administrator needs the token only to

undertake administrator tasks as setting up new user accounts and

closing old ones (If the administrator also wants to use Land

Registry services she must set themselves up as a user with a

different user ID and password The two roles are separate and the

role based access will limit the services that can be used in each

ID)

The administrator responsible person and deputy roles are set up

and managed by Land Registry In the case of other users it will

be the responsibility of the organisation to allocate one of a

number of predefined roles to each user and to instruct their

administrator accordingly so that the administrator can create an

appropriate account for that user The allocated role will dictate

the services that the user has permission to access when they log

on and can only be changed by an administrator (For instance

some users may only be given access to information services ndash

copies of registers documents and searches ndash while other

qualified and experienced staff might be given access to use

applications that can change the register) This is for the

organisation to decide

Land Registry has created the role of responsible person and

deputy responsible to assist conveyancers and other organisations

with the proper supervision of their practices as required by their

regulators by statute or by good practice The responsible

person and deputy responsible person will have access to an on-

line Land Registry report which will list actions taken by the

administrator in the previous 30 days This activity can be

checked regularly for supervision purposes and to make sure the

administrator is not giving access to persons that should not have

it

There is no sign-up charge for portal services only standard fees

for the use of individual services

Land Registry Business Gateway ndash Customers who are using a

case management system may be able to gain access through an

XML interface (Business Gateway) that links their case

management system to the services If the customerrsquos case

management system provider does offer this service and the

customer wishes to use it the responsible person must apply

through Land Registry Customer Support for the necessary

technical connections to be made Land Registry Business

Gateway uses a certificate-based mutual SSL connection

234 279

Otherwise the same conditions apply as for portal use

There is no sign-up fee for Business Gateway only standard fees

for the use of individual services

User can

Search by

Searches of the register of title can only be made by title number

or property address not by the name of the proprietor

If the customer does not know the title number or address they

can use our MapSearch facility a free on-line map to establish

whether land and property in England or Wales is registered and

obtain title numbers and details of freehold or leasehold tenure

Or for a guaranteed result they can request a Search of the Index

Map The Index Map kept by the registrar as a means of

establishing whether land is affected by a registered estate if so

its title number or whether land is affected by a caution against

first registration

Only a limited number of people can search by proprietorrsquos name

mostly in connection with court proceedings insolvency and tax

liability These limitations to searching by name of the proprietor

do not apply if the proprietor is a company

Access by

other MS

Yes

National

legislation

There is no reason why users from other Member States should

not have access to our Information Services to obtain copies of

the registers and documents However the Legal Services Act

2007 limits those who can undertake reserved legal activities to

persons qualified and regulated by professional bodies in England

and Wales Conveyancing activities related to the Land

Registration Act 2002 are reserved legal activities So it is

possible that if a notary from another Member States made an

Register of title

Register of cautions

against first registration

Land Charges

Registers

Search by name (YN) N N Y

Search by address (YN) Y (to find title number)

Y (to find title number)

N

Search by property identification number (YN)

Y Y N

Search by map (YN) Y (to find title numbers associated with parcel of land)

Y (to find title numbers associated with parcel of land

N

Other (please specify)

235 279

application for registration to the Land Registry of England and

Wales that might be a breach of the Legal Services Act 2007 But

applying for copies of the registers and documents would not

breach that Act

Language English Welsh for land in Wales

Legal status of

the provided

information

Register of title ndash official copies - provided information is a legal

certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property But an applicant for

registration of a conveyancing transaction must protect the

priority of their future application by means of an official search

of the title from and including the date of the official copies of

the register The official search with priority will give priority to

the protected application for a period of 30 business days

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Register of cautions against first registration - The caution

relates to unregistered land so the registrar cannot be certain as to

the validity of the interest until first registration of the land

affected Then the registrar will serve notice on the cautioner of

the first registration and the cautionerrsquos right to object to it The

register does not establish title to property Instead it warns of

claims relating to the unregistered land

Land Charges registers - The registers relate to unregistered

land They provide evidence of certain encumbrances relating to

that land They do not establish title to land

Agricultural Charges register - The register provides evidence

of Agricultural charges only given by individual farmers It does

not establish title to land

Payment Currently payment arrangements might prevent foreign users

from having a business e-services account The user must be able

to make an arrangement to pay be variable direct debit so must

have a bank account in England and Wales Alternatively to use

the Find a Property service they must pay be debit or credit card

for each service But if the EU Justice system provided

236 279

arrangements for payment this should not be a problem

Fees are paid in accordance with the current Land Registration

Fee Order 2013

Pre-paid by creditdebit card ndash Find a Property public service

Post-paid by variable direct debit ndash Business e-services

Pilot project Yes subject to the approval of the Directors

48282 Scotland

Registers on-

line

LR General Register of Sasines Crofting Register

Access for Civil servants Notaries Registered lawyers - member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) Everyone

Registration

Authentication

process

Require credit worthiness checks while group lsquoEveryonersquo can

obtain access by individual request and reply on-line

User can

Search by

LR Parcel address Property coordinates Owner (person or

enterprise) Map Known encumbrances

Purchase price ndash only as off-line request

Access by

other MS

Yes and their validity could be checked via their home state

Can search by name address property ID ndeg map

National

legislation

No

Language English

Legal status of

the provided

information

Legal certificate Land Register Crofting Register

No formal guarantee General Register of Sasines

Payment Direct Debit through our on-line portal

Pilot project In the future

237 279

48283 Northern Ireland

Registers on-

line

Land Registry Northern Ireland Registry of Deeds Statutory

Charges Register

Access for the

following

users

Registry of Deeds Registry of Deeds and Statutory Charges

Register via Landweb

Registration

Authentication

process

Yes ndash must register with Land Registry ndash User ID and Password

required to access Landweb

User can

Search by

Access by

other MS

Yes

National

legislation

Not Applicable

Language English

238 279

Legal status of

the provided

information

Information guaranteed on date and at time of delivery only

Payment Fees are payable for land information ndash they are governed by

Statute ndash the Land Registry Fees Order and Registry of Deeds

Fees Order Payment can be made by cashsuspense

accountcreditdebit cards

Pilot project Not at this time because of the existence of our private finance

initiative contract (a way of creating lsquopublicndashprivate partnershipsrsquo

by funding public infrastructure projects with private capital)

which would make interconnection particularly complex and

costly for us

239 279

49 Interview Reports

491 Interview with EULIS

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf EULIS Meeting 6th November 2013

ReferencePage FSLandReg MM-20131106V00doc

Date 6th November 2013

Place EULIS ndash Appeldoorn NL

Participants EULIS MM R Wouters amp G Leenders

Unisys MM D Huys amp P-E Schmitz

Eulis is a specific legal entity formed as an lsquoEuropean Interest Grouprsquo Only (European)

States can become member of Eulis This does not mean EU Member States (some others can

be members ie Norway Macedonia) Eulis has now 10 members

The idea of providing a European land register information service through an electronic web

platform came in 2002 and looked then promising in order to facilitate trans-European

exchange of real estate information

The Eulis service standardise and facilitates the exchange of information (but all information

is stored in national data bases nothing is stored on Eulis and Eulis ensures no money flow)

Eulis provides the link the bridge plus a glossary for helping users to understand the

information (in case it is not provided in English by the owner)

Unfortunately the crisis came as from 2007 and the number of trans-border transactions

reduced strongly It is difficult to motivate and attract new members

Therefore the Eulis service is now facing serious issues

The number of lsquoinformation transactionsrsquo delivered via Eulis is currently very

low most probably less than 10 a week according to our understanding) Eulis is

therefore not sustainable very long and is not lsquoon the radarrsquo of real estate

professionals (ie notaries banks lawyers insurance companies) that prefer to

using their local agents correspondents or branches

The yearly contribution (20000 euro per Member State) that is necessary to maintain

Eulis alife is therefore not recovered by invoicing transactions

Although the portal is user friendly (easy to use) the service is not attractive

enough due to the poor quantity of information delivered in particular the non-

legal information lsquoaroundrsquo a real estate is not available environmental projects at

local level zoning plans maps etc Presently the lsquolegal informationtextrsquo is the

only one that may be obtained

240 279

Ideally the delivered information should go beyond the simple legal information that

a parcel number exists has a certain surface or is owned by X but in the current

situation even the mere ABC information42

is not always available

What is needed would be a real lsquoproperty reportrsquo including

Pictures

Environmentsituation

Price

Tax value

Value obtained for lsquosimilarrsquo goods in the same location and market

Important States are not connected (ie Germany France Belgium that is important

for Dutch customers Italyhellip) Some States do not have their own central portal

(Germany France)

Some States offer their services for free (ie SK) therefore they will never find an

economic justification for financing Eulis (20000 euro yearly) as the service does not

provide any income

In some States the legal framework (ie privacy regilation) does not allow to provide

the information

In some States the information is fragmented between

Kadaster (fortunetax management Min of Finance ie in Italy)

Land register (often managed by Min of Justice)

Othercombined (ie environmental data managed by other Min)

There is another major stakeholder playing in the field ELRA (European Land Register

Association) dedicated to EU MS (all except DK) Beyond its role of representing the

national Land Registers facing European Policies (lobbying being consulted in case new

regulation has implications) ELRA is also developing lsquoservicesrsquo through the ELRN

(European Land Register Network)

42 ABC A=Property (location) B=Ownership C=Mortgages other

241 279

A Help desk to support professionals facing trans-border requests

An lsquoapplicationrsquo for providing information which may appear as a competitor

for Eulis (ie informing the purchaser of a house in Spain that there are

lsquohidden chargesrsquo the new owner may have to pay all pending invoices in case

the previous owner has not paid them)

In this framework ELRA that is facing the same difficulties as Eulis to achieve LR

interoperability is also at the origin of the lsquoImola Projectrsquo43

(in cooperation with Eulis) in

order to

Define the legal conditions for access to LR information Propose a set of

common rules based on userrsquos profiles kind of searches purpose and data

required

Describe a common structure for a template about LR Information whose

guidelines will be based on information of different MS

o Decide what data are relevant for the template

o Find a minimum common denominator of data

Develop the assistance tools that complement access to the LR Information

Three level of assistance will be developed

o A glossary to facilitate the translation of the template into the official

languages

o A set of reference information comprising fact sheets

o Individual report through the experts of the ELRN network

The issue of authentication this is now based on lsquomutual trustrsquo if a country recognizes lsquoXrsquo as

an lsquoentitled personrsquo (ie a notary) then the other Eulis Members accept

The problem is that the definition of some professions (ie real estate agent) are not

standardized in all countries and that even lsquoISO professionsrsquo (like notaries) have not the

same authorisations in all countries In addition there is little security regarding the cleanup

of lists (X could be registered in 2013 but not anymore in 2014hellip) This is a potential future

challenge for e-Justice building and maintaining a central authentication system for all

justice professionals depending on the various national professional registers

43 wwweurocadastreorgpdfirish_conferenceInteroperabilityppt

242 279

492 Interview with ELRA

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf ELRA Assembly visit 10th December 2013

ReferencePage FSLandReg MM-20131210V00doc

Date 10th December 2013

Place Scotland House ndash Schumann 6 ndash Brussels

Participants ELRA (60 persons) + COM (Dick Heimans Stephan Matyk) + EULIS (R

Wouters G Leenders)

Unisys P-E Schmitz

After discussing specific ELRA and ELRN matters Dick Heimans (COM) presented the

feasibility study

The most challenging question for participants seems to be lsquoWhich one out of the 3 optionsrsquo

However the lsquohowrsquo will result from the main principle questions lsquoWho accepts to share

what and to whom and at what costrsquo

Another COM member Stephan Matyk (Stephanmatykeceuropaeu) presented the

proposal for a regulation Ndeg 10242012 where standard forms are proposed in 12 domains

including (i) real estate In fact the Parliament rapporteur plans to extend to 15 forms

5 standard forms are already annexed to the proposed Regulation Question to ask to Mr

Matyk lsquois there a draft for real estatersquo

Other contact mariavilar-badiaeceuropaeu DG Justice A1

Important glossary term to insert in our study the proposition is about simplifying

lsquoAcceptancersquo This is different from lsquoRecognitionrsquo It is formal it means that the foreign

authority must accept the document without requesting for additional forms like an Apostille

a translation of the standard form etc While Recognition is about the content considering

that the content corresponds to the legal truth

This point is to consider when the requested LR will return information (what use could you

make of it is it lsquoaccepted as isrsquo in court

Other important distinction between the lsquoLand registryrsquo institution which is implemented by

the state for the sake of the market (to secure and authenticate real estate transactions) and the

lsquoCadasterrsquo that is born as an institution of the state for the state to enable territorial taxation

Additional information

The use of Graphical databases is not yet compulsory in registration procedures

What about urban planning and environmental constraints They have a legal origin outside

the registry Therefore the policy is to link to the source only

Nothern Ireland register of deeds is text based (no maps)

243 279

The land register is map based From 2004 to 2019 British Telecom will transform it from

paper to IT lsquoLandwebrsquo which has direct access customers for folios and maps on line

3 developments are ongoing e-signature payments discharges + digitalisation of Deeds

archives

493 Interview with France

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf France Meeting 16th July 2014

ReferencePage FSLandReg MM-20160516V00doc

Date 16th July 2014

Place Teleconference

Participants Etienne Lepage DGFIP - Bureau GF3A -

etiennelepagedgfipfinancesgouvfr

Freacutedeacuterique Nion DGFIP - Bureau GF3A -

frederiqueniondgfipfinancesgouvfr

Pascale Baranger DGFIP pascalebarangerdgfipfinancesgouvfr

Jean-Franccedilois Mellet ndash Min Justice - FrancoisMelletjusticegouvfr

Marie WALAZYC ndash Min Justice - MarieWalazycjusticegouvfr

DE-MOUSSAC Brigitte ndash Min Justice - BrigitteDe-Moussacjusticegouvfr

Patrice-E Schmitz (Unisys)

Rein Geerdes (Unisys)

4931 Overview of the LR situation in France

France meaning all departements except 3 (2 forming the region Alsace and the Moselle)

reports (on its e-Justice page) that lsquo354 French property registers exist (Deed system

one for each Service de publiciteacute fonciegravere) They are independent of each other and there

is no interaction between them Moreover in France there is no Internet portal that allows

people to consult these registersrsquo

However these services are managed by the Ministry of Finances (DGFI) and the French

administration has consolidated access to land data through two lsquoapplicationsrsquo that are

lsquonationalrsquo (except AlsaceMoselle)

FIDJI (made for both justiceproperty security and fiscal needs) provides consulting

access to property titles (from all local registers) but access is reserved to the

administration Parcels are identified by cadastral number

MAJIC (cadastre file for fiscal purpose) maintains departemental files

In addition the Hyposcan file provides access to scanned acts (only as from 2004)

There is no lsquocentral filersquo behind these two applications land data are managed locally in the

354 services for property data and in 98 relevant French deacutepartements (101-3) Therefore no

global search on the property of a person is possible for all queries requesters have to start

with the name of the municipality

244 279

Access to MAJIC FIDJI amp Hyposcan is reserved to administration only The Fiscal

administration interfaces requests from public and professionals (providing them with

asynchronous answers)

However there is a specific access to a subset of MAGIC via the SPDC (serveur

professionnel de donneacutees cadastrale) which is on-line for notaries and geometers and

provide access to a subset of cadastral data

Authentication based on a register linked to their professional organisations

It is the office (lrsquoEtude) of the Notaries and Geometers that receive an access and is

therefore registered in the professional register (annuaire) managed by the DGFI Each

office has to providewithdraw accesses (IDPassword) for its professional staff

It is stated that on-line access is reserved for French notaries only (Q22) because the access

is necessary to comply with French law publicity (obtaining the lsquomodegravele 1rsquo extract)

A certain centralisation of data is in progress as from 2004 (10 years) the BNDP The

lsquoBanque Nationale de Donneacutees Patrimonialersquo is a database reproducing a subset of the

above applications (FIDJI amp MAJIC) Access is reserved to lsquoauthorised agentsrsquo that are

members of the administration only (Q121) The BNDP is on-line for lsquothe competent

administrationrsquo (Q2 p5)

4932 Situation in AlsaceMoselle

Three departements (Moselle and the two departements of Bas Rhin amp Haut Rhin forming

the Alsace region) have their own land register regime (Title system managed for the

Ministry of Justice) where all land data are centralised into a unique file AMALFI

Justice professionals (notaries bailiffs geometers and municipalities) have on-line access

(others send asynchronous requests)

No authentication is needed for the lsquoImmeublersquo dataauthentication foreseen for the

lsquopersonnersquo and lsquoannex datarsquo

4933 The processing of requests

As a result of questionnaires there is a clear difference between AlsaceMoselle (AMALFI

system) and other parts of France AMALFI delivers copies electronically lsquofor simple

information purposersquo The delivery of a legal certificate is done also but on paper only

For the rest of France no synchronouson-line access is currently possible to MAJIC amp

FIDJI even for justice professionals notaries etc at the exception of SPDC (where on-line

requests are for free) The barriers are both legal (existing on-line access to SPDC are

reserved to French notaries and geometers) and technical (this looks not relevant as just

depending of resources for upgrading servers capacity)

245 279

Therefore requests are off-line they must be send to the DGFI and The DGFI processes 6

million requests yearly

The payment of a fee is requested for the processing of these asynchronous requests (see Q2

p22) Fees are different for files managed by the DGFI (Min Finances) and AMALFI

Concerning the Q3 Technical answers are relevant for the AMALFI system only It is on-

line (99 availability) processing 150000 requests monthly (1700 unique users) and it

would be able to support twice this amount

AMALFI contains no cartography (is not INSPIRE compliant)

Authentication (justice professionals notaries etc ) is done via a specific smart card for the

on-line access to AMALFI No authentication for the public sending asynchronous requests

The attribution of the specific smart card is done on request (Form signed by the user AND

by his professional body)

Concerning payments (Q2 p22) see Q3 (in English) ndash this is for AMALFI

The DGFI accepts payment by bank card (all business cards) by SEPA transfer and by the

traditional cheques

For each transaction there is one payment and one invoice (no globalisation no monthly

global invoice etc) but frequent users have the possibility to lsquopre-payrsquo an amount on a

lsquoreserversquo that will allow to send information requests and works like a lsquodebit cardrsquo (until the

total amount is spent)

4934 List of national land registers and their organisation

MS Register Responsible

organisation

State of

digit

Online Interconnection

candidate

The land registration

in France is strictly

ruled by the civil law

but there is no

national and unique

register

As a matter of fact

the land registration

in France is split in

354 local registers

known as lsquoservices de

la publiciteacute fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be

technically based

on asynchronous

requests

response to an

agreed query

form

FIDJI (made for both

justiceproperty

security and fiscal

needs) is an

application for

providing consulting

DGFI (Min of

Finance)

But no data

are stored

centrally

Deeds are

100 No The DGFI

processes 6

million requests

yearly

Asynchronous

246 279

access to transactions

(from the 354 local

registers) but access

is reserved to the

administration

Parcels are identified

by cadastral number

stored in each

of the 354

lsquoservice de

publiciteacute

fonciegraverersquo

connection

(based on an

agreed form) is

technically

possible but

depending on a

political decision

MAJIC (cadastre file

for fiscal purpose)

maintains

departemental files

DGFI (Min of

Finance)

But no data

are stored

centrally

Data are

stored in each

of the 93

relevant

departments

100 No See above (both

applications

FIDJI amp MAGIC

are used to

address the

6000000

requests)

Hyposcan file

provides access to

scanned acts (only as

from 2004)

DGFI (Min of

Finance)

100 as

from

2004

No No The

application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments (out of

101)

Ministry of

Justice

100 Yes YES no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes

inquiries

SPDC (serveur

professionnel de

donneacutees cadastrales)

This is not a register

but a server providing

access to a subset of

data covered by the

MAJIC application

(cadaster)

DGFI 100

(limited

cadastral

subset)

Yes NO

This is the only

lsquoOn-Linersquo

access but it is

reserved to the

lsquoregistered

officesrsquo of

French notaries

and geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

owner

247 279

- The document

number

(document

drsquoarpentage)

4935 Title vs deed systems

MS Title Deeds Remarks

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle

No The Alsace region includes the two departements of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

4936 Land register data comparison tables

49361 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

FIDJI No No Yes yes This is the cadastral

parcel number (the

same that is used as

key for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of the

scanned act are the

unique keys

AMALFI Yes Yes Yes Yes

49362 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

49363 Owner

MS Register Owner Comments

Present Search

248 279

FIDJI Yes Yes You have to know the property location

first (commune)

MAJIC Yes Yes You have to know the property location

first (departmentcommune)

AMALFI Yes Yes

49364 Known encumbrances

MS Register Known encumbrances Comments

Present Search

FIDJI Yes Yes

AMALFI Yes Yes

49365 Purchase price

MS Register Purchase price Comments

Present Search

FIDJI Yes Yes

AMALFI Yes No

49366 Language

MS Primary language Other language

French No

49367 Usage costs and payments methods per MS

MS Timig of

payment

Means of

payment

Data

available for

free

Cost of non-free data

Requests to

DGFI

One for each

request at the

time of

sending the

request

Bank cards

(the usual set

visa etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

No From 12euro (real

estatepersons) to 30euro (full

description of a co-

property)

Requests to

AMALFI

Copies are

delivered after

payment

Bank cards on

the web site

wwwlivrefonc

ierfr

Transfer

Chegraveque

No From 5euro (real

estatepersons) to 25euro

(annexe)

4937 Summary

Registers online Three departements (Moselle and the two

departements of Bas Rhin amp Haut Rhin forming the

Alsace region) have their own land register regime

(managed for the Ministry of Justice) where all land

249 279

data are centralised into a unique file AMALFI

French notaries and Geometers have access to the

SPDC server providing access to a subset of land data

Access for the following

users

AMALFI Justice professionals (notaries bailiffs

geometers municipalities) have on-line access (others

send asynchronous requests)

SPDC only French offices of notariesgeometers

when registered

RegistrationAuthentication

process

AMALFI Authentication (justice professionals

notaries etc ) is done via a smart card for the on-line

access and requests of copies lsquopersonsrsquo No

authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on

request (Form signed by the user and by his

professional body)

SPDC IDpassword to be distributed by the registered

office

User can Search by AMALFI Name Address Property ID number

Number of the lsquoannexersquo

SPDC Knowing the location (commune) by cadastral

Nr owner name document Nr

Access by other MS Not implemented

French services do not take position on this point

(accepting to process asynchronous requests is a

political decision)

National legislation France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of the provided

information

FIDJI (responses provided by DGFI using the FIDJI

application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against

third parties (opposabiliteacute) The relevant service (of

land publicitypubliciteacute fonciegravere) certifies that the

answer reproduces the exact lsquostatus of the filersquo at the

250 279

time of the request The French State would be

responsible in case of error (if the status of the file is

not properly reported)

SPDC (on-line) no legal value (informative)

AMALFI Online answers have no legal value

(delivered for information only)

Copies provided on paper are signed by the lsquoGreffierrsquo

and are certificates

Payment Various systems exists including SEPA transfers and

the on-line payment via the usual credit cards

(Visamastercard etc)

Pilot project France is not candidate (reason too much work in

progress ICT reorganisation lack of national system

on-line)

251 279

410 Common Communication Protocol sample scenarios

4101 Sample scenarios

The following sections provide a set of sample scenarios showcasing different usages of the

common communication protocol Please note that the descriptions provided avoid technical

details and abstract certain business processes This is done to keep the readerrsquos focus on the

particulars of the common communication protocol and its intended uses It is understood that

to properly implement any of the scenarios described further analysis will be required

The notation used in the diagrams presented in the sample scenarios is compliant with BPMN

20

4102 Scenario I Professional capacity certification not required

In this scenario it is assumed that the queried Member State (henceforth mentioned as

lsquoMember State Brsquo) does not impose any particular authorisation scheme ie it allows any

user to search for a property using its identification number Furthermore let us now assume

that a registered EJP user (from now on called lsquoRequesterrsquo) who is a citizen of another

Member State (mentioned as lsquoMember State Arsquo) wishes to submit a query to Member State

B using an identification number of a property previously known to him The flow of events

will occur as following

1 The Requester reaches the Land Registers Interconnection area in the Portal and selects

to query Member State B At this point the Portal shows to the Requester Member State

B terms and conditions for using the Land Registers Interconnection which the

Requester immediately accepts

2 The Portal via the Interconnection Hub requests the query authorisation scheme of

Member State B using its Authorisation module

3 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries from all users and provides a list of accepted parameters which in this

case only includes the identification number of a property

4 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

5 The Requester fills-in the search form and submits it

6 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

7 Member State B processes the request and subsequently responds

8 The Portal shows the query response from Member State B to the Requester

This sequence of events is depicted in the following diagram

252 279

Figure 28 Scenario I Overview

253 279

4103 Scenario II Professional capacity certification required

Further to the previous scenario assume that Member State B requires that the Requester is

authenticated by Member State A in order to provide access to its Land Register data Also

assume that Member State A has a process for registering (and from that point on

authenticating) its users

Under these assumptions the first two steps of the flow of events described in Scenario I

remain the same and are not repeated for the sake of brevity The subsequent flow events will

occur as follows

1 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries only from authenticated users and provides the same list of accepted

parameters as in Scenario I

2 Using the Interconnection Hub the Portal requests the Authentication module of

Member State A to certify the Requesterrsquos professional capacity using as parameter

his e-mail address (ie the one used by the Requester in his ECAS registration)

3 At this point Member State A responds negatively (ie the Requester has not yet

been registered)

4 The Portal forwards the Requester to Member State A registration process entry point

embedding at the same time the Requesterrsquos email address in the request at this point

the internal registration process of Member State A commences

Regardless of how the process takes place upon successful conclusion Member State

A records the Requesterrsquos e-mail so that it can be used for further certification

requests

5 The Requester again visits the Portal and the previously described flow is repeated up

until step 2

6 Member State A is asked to certify the Requester which it does by returning a

digitally signed token to the Portal which contains at least the Requesterrsquos e-mail and

his authenticated role (eg notary)

7 The Portal receives the digitally signed token and temporarily stores it

Please note that the term lsquotemporarily storesrsquo here implies that the Portal will keep the

digitally signed token only as long as the Requester session lasts Once this session is

concluded the token is deleted along with any other session data

8 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

9 The Requester fills-in the search form and submits it

10 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

Please note that the digitally signed token is automatically embedded during this

process to the query submitted to Member State B

11 Member State B processes the received request As part of the processing Member

State B validates the signature of the digitally signed token (thus validating that the

token originates from Member State A) and checks if the Requesterrsquos professional

capacity allows the query to be executed In this scenario both evaluations are

positive and Member State B immediately provides the search query result

12 The Portal shows the query response from Member State B to the Requester

The described sequence of events is depicted in the following diagram

254 279

Figure 29 Scenario II Overview

255 279

411 Consolidated responses of Member States to questionnaire 3

Section 1 General technical questions

1 Please define system availability in percentages during the period of a calendar month

(eg the solution is available 99 of the time in any given month)

Below 98 6 35

From 981 to 995 8 47

Above 996 3 18

Unknown Not provided 0 0

2 How many queries does your system serve and what would be the maximum and average

number of users using your system per month

Below 10000 queriesusers per month 4 24

From 10000 to 50000 queriesusers per month 6 35

From 100000 to 30000 queriesusers per month 1 6

Above 300000 queriesusers per month 5 29

Unknown Not provided 1 6

3 To your understanding is your current solution able to cope with additional number of

searches due to international cooperation and if yes to what extent Can you please specify

256 279

the maximum number of additional searches per month you would expect your system to be

able to handle

Yes can cope with additional number of searches 15 88

No cannot cope with additional number of searches 2 12

Unknown Not Provided 0 0

4 What kind of information does your system log during normal operation

Searches executed 16 38

Create update and delete operations 14 33

Read operations 9 21

Other 3 7

Section 2 Data model

6 Is map data used in your register (parcel localisation) compliant with the INSPIRE

directivestandard If yes can you please specify the level of compliance (full or partial)

and if only partially compliant also provide a short explanation how it diverges

Not compliant with INSPIRE 4 24

Compliant with INSPIRE 5 29

Partially compliant with INSPIRE 5 29

Unknown Not provided 3 18

257 279

7 If you are not yet fully compliant with INSPIRE do you intend to become so

If yes can you please provide the timeframe for this activity and the extent of the

planned compliance

Yes I intend to become INSPIRE compliant within the next 12-24 months 3 18

Yes I intend to become INSPIRE compliant but the timeframe is unknown 1 6

No I dont intend to become INSPIRE compliant 3 18

Unknown Not provided 10 59

Section 3 Interfaces

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

8 To what networks is your system currently connected (eg governmental

Internet sTesta)

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

258 279

9 What interfaces are available currently from your system In case there is more than one interface please also specify your

preference (if any)

Available Preferred Available

amp Preferred

Web pages (eg

http forms)

11 - 2

SOAP based

Web Services

7 - 2

REST based

Web Services

3 - -

Other 2 - -

259 279

10 Can you please indicate for each of the following standards whether it is supported by your current technical platform and if

yes which version is currently supported

Please mention for the ones that you do not currently support whether to your knowledge they will be supported in the next 24

months For the standards that you are currently supporting please indicate the known limitationsrestrictions of your platform

and whether these limitationsrestrictions are expected to be still applicable in the next 24 months

Currently

supported

Supported within

the next 24 months

WSDL 11 3

SOAP 10 3

XSD 10 2

HTTPS 13 1

REST 4 1

WADL 2 1

UDDI 2 1

WS-Discovery 1 1

OpenPGP 0 1

SAML 1 2

Unicode 8 2

Date Error Unknown document property name Version 039Error Unknown document

property name 260 279

11 Does your platform support any of the following Web Service extensions If yes which

versions are supported If not could you potentially add support for these in the next 24

months

WS-Security 3 33

WS-

SecureConversation

1 11

WS-Policy 2 22

WS-Addressing 0 0

Unknown Not

provided

3 33

12 Would you consider modifying extending or replacing the interfaces currently

provided by your system so as to achieve better integration with the European e-Justice

Portal If not can you please provide the reason

Yes I consider modifying extending or replacing the interfaces 11 65

No I dont consider modifying extending or replacing the interfaces 4 24

Unknown Not provided 2 12

261 279

Section 4 Technical platform

13 Can you please provide a list of all the components of your current technical platform describing the type of component (ie

application servers programming andor scripting languages database server specific libraries IDErsquos etc) vendor and version

Please mention for each whether it is mandatory that you use it (for example because of a global ICT policy) or whether it is a current

preferred choice

Available Not

Available

Java based environment

(Oracle IBM)

13 0

Java based environment (Open

Source)

3 1

Microsoft based environment 6 0

Open Source based

environment

4 0

262 279

14 Can you please provide a list of the supported character sets by your current

technical platform andor IT tools

Local language

character sets

6 27

UTF-8 12 55

Unknown Not

provided

4 18

15 Do you have plans for updating your existing technical platform in the next 24

months If yes please describe the upgrades that are foreseen (specifying the

components vendor and version for each) and provide the expected timeframe for the

migrations

Yes I plan on updating within the next 24 months 5 29

No I dont plan on updating within the next 24

months

10 59

Unknown Not provided 2 12

263 279

Section 5 Security

16 Can you please outline the security measures you currently have in place in your

system (eg usage of HTTPS for web communications data encryption for all or a part

of the data stored by the system etc)

Usage of HTTPS for

web communications

12 43

Data encryption for all

or a part of the data

stored by the system

4 14

Other 11 39

Unknown 1 4

17 Are there specific regulations or security policies that a particular type of network

connection (such as an Internet connection VPN connection over Internet etc) must be

conformant with so that it can be used in your environment

Yes there are specific regulations or security

policies

10 59

No there arent specific regulations or security

policies

6 35

Unknown Not provided 1 6

264 279

18 Do you use different user roles and if yes please can you please briefly describe

them

Yes I use different user roles 12 71

No I dont use different user roles 3 18

Unknown Not provided 2 12

19 How do you currently authenticate users of your system In case you use different

roles in your system please also mention if you follow the same or different

authentication schemes per role

Using username and

password

16

64

Using two-factor

authentication (ie

username and

password plus a

software or hardware

token)

2 8

Other 7 28

Unknown Not

provided

0 0

265 279

412 Consolidated responses from questionnaire nr 3

Payment instruments and volumes per Member State

Payment

Instrument Credit

transfer

Xborder

Credit

transfer

Direct

Debit

DD

Mandates Cards Cheques Cash Other Country

Belgium 1500 50 0 0 0 0 0 0

Bulgaria 0 20 5000 0 0 0 0 0

Croatia 1000 0 0 0 0 0 0 0

Cyprus 500 0 0 0 0 0 0 0

Czech Republic 1500 10 0 0 0 0 10 0

Denmark 0 0 0 0 0 0 0 0

Estonia 7100 0 0 0 50 0 0 0

Finland 2000 10 0 0 0 0 10 0

France 10000 0 0 0 10000 5000 0 0

Germany 15000 0 15000 0 0 0 0 0

Greece 0 0 0 0 0 30600 0 0

Hungary 30000 0 0 0 5000 0 0 0

Ireland 700 0 100 0 500 13000 2000 0

Italy 15000 0 15000 0 0 0 0 0

Latvia 1400 0 6700 0 0 0 0 0

Lithuania 1850 10 0 0 0 0 0 0

Luxembourg 0 0 0 0 0 0 5400 0

Malta 0 0 0 0 0 860 1060 0

Netherlands 800 40 16000 16000 200 0 0 0

Poland 20000 0 0 0 0 0 0 0

Portugal 1230 0 0 0 2300 500 2000 0

Romania 2000 0 0 0 0 0 0 0

Slovakia 1000 0 0 0 0 0 0

Slovenia 500 10 0 0 0 0 0 0

Spain 3000 0 20000 0 1000 0 0 0

Sweden 2000 40 0 0 0 0 0 0

United

Kingdom 180 10 80000 16000 50 50000 10 0

Totals 118260 200 157800 32000 19100 99960 10490 0

Table 29 Consolidated view of payment instruments and volumes per Member State

266 279

413 Reference and applicable documents

4131 Business analysis report (Part I)

41311 Applicable documents

EUROPEAN COMMISSION (2013) European e-Justice Portal Land Registers

Interconnection ndash feasibility and implementation analysis DESCRIPTION OF

SERVICESTECHNICAL ANNEX v 102

41312 Legal and political reference documents

EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014

on the protection of personal data in the European e-Justice Portal

COUNCIL OF THE EUROPEAN UNION (2000) Council Regulation (EC) No 442001

of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation)

EU 2009 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501)

EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo

for cooperation on cadastre and land registry issues

EUROPEAN COMMISSION (2013) Commission implementing decision of 14112013

on the award of grants for the Specific Programme Civil Justice call for proposals for

action grants JUST2013JCIVAG C(2013) 8097 final

EUROPEAN PARLIAMENT (2011) Draft European Parliament legislative resolution on

the proposal for a Council regulation on jurisdiction applicable law and the recognition

and enforcement of decisions in matters of matrimonial property regimes

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(1995) Directive 9546EC of the European Parliament and of the Council of 24 October

1995 on the protection of individuals with regard to the processing of personal data and on

the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2000) Regulation (EC) No 452001 of the European Parliament and of the Council of 18

December 2000 on the protection of individuals with regard to the processing of personal

data by the Community institutions and bodies and on the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2007) Directive 20072EC of the European Parliament and of the Council of 14 March

2007 establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Directive 201217EU of the European Parliament and of the Council of 13 June

2012 amending Council Directive 89666EEC and Directives 200556EC and

267 279

2009101EC of the European Parliament and of the Council as regards the

interconnection of central commercial and companies registers

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 6502012 of the European Parliament and of the Council of 4

July 2012 on jurisdiction applicable law recognition and enforcement of decisions and

acceptance and enforcement of authentic instruments in matters of succession and on the

creation of a European Certificate of Succession

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 12152012 of the European Parliament and of the Council of

12 December 2012 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (recast) [OJ L351 12122012 p1]

41313 Land data reference documents

EULIS (2013) EULIS country table state of play November 2013 (Country table state of

play update Nov 2013xls)

EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007

EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March

2008

EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July

2010

EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011

EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5)

G LARSSON (1991) Land registration and cadastral systems Tools for land information

and management Longman Scientific amp Technical 1991 pp 17-18 based on United

Nations Ad Hoc Group of Experts on Cadastral Surveying and Mapping 1973 New York

ILICONN consortium (2014) Architecture Overview - Land Registers Interconnection

ILICONN consortium (2014) Land Registers Interconnection Minutes of Meeting

General Justice 1st Sub-Group Meeting 19th May 2014

ILICONN consortium (2014) Land Registers Interconnection Proposals for handling

payments

INSPIRE D28I5 INSPIRE Data Specification on Addresses

PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART I (AT BE CZ DE IT SK ES SE)

268 279

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART IV (CY FI GR HU PL SI)

41314 Links

httpse-justiceeuropaeu

httpeuliseu

httpinspirejrceceuropaeu

httpwwwclgeeu

httpwwwelfprojecteu

httpwwwelraeu

httpwwweurocadastreorg

httpwwweurogeographicsorg

4131 Architecture overview and Proposals for handling payments (Part II

and Part III)

Doc

ID

Reference Related

Document

Location

REF1 LRI ndash Terms of Reference

v102

REF2 LRI ndash Glossary-v012

REF3 LRI ndash Consolidation and

extension of the existing

business analysis report

REF4 ArchiMatereg 21 an Open

Group Standard

httppubsopengrouporgarchitecturearchimate2-

doc

REF5 Software Architecture

Document ndash EULIS 20

v20

REF6 Specific Contract No

JUST2012JCIVFW-

A0217A4e-Justice

Portal under Framework

269 279

Doc

ID

Reference Related

Document

Location

Contract

JLS2008A501Lot 2

REF7 LRI ndash Feasibility and

Implementation analysis ndash

Technical Annex v102

270 279

414 Terminology

4141 Business analysis report (Part I)

Acronym or

Abbreviation

Term Meaning

Authentication Authentication is the process of

confirming identity

Authorisation Authorisation is the function of

specifying access rights to resources

related to information security and

computer security in general and to

access control in particular More

formally lsquoto authorisersquo is to define an

access policy

Encumbrance An encumbrance is a right to interest in

or legal liability on real property that

does not prohibit passing title to the

property but that diminishes its value

Mortgage A mortgage loan also referred to as a

mortgage is used by purchasers of real

property to raise money to buy the

property to be purchased or by existing

property owners to raise funds for any

purpose The loan is lsquosecuredrsquo on the

borrowers property This means that a

legal mechanism is put in place which

allows the lender to take possession and

sell the secured property (lsquoforeclosurersquo or

lsquorepossessionrsquo) to pay off the loan in the

event that the borrower defaults on the

loan or otherwise fails to abide by its

terms

Use case In software and systems engineering a

use case is a list of steps typically

defining interactions between a role

(actor) and a system to achieve a goal

The actor can be a human or an external

system

AT Austria EU Member State

BE Belgium EU Member State

BG Bulgaria EU Member State

C Cadastre A cadastre is a systematic description of

the land units within an area The

description is made by maps that identify

the location and boundaries of every unit

and by records In the records the most

essential information is the identification

number and the area of the unit usually

271 279

Acronym or

Abbreviation

Term Meaning

differentiated by land use class [hellip]

Furthermore the classical cadastre

provides information concerning owners

land classes and values or land taxes44

CCRF Cross border

Conveyancing

Reference

Framework

It aims to set out a European framework

of rules and principles for a process that

for contractual and non-contractual

obligations is based on the law choice of

the two parties and the use of digital

means

CLGE The Council of

European

Geodetic

Surveyors

CLGE is the leading organisation

representing the Surveying Profession in

Europe It promotes the profession in the

European Union and fosters its

development in the Council of Europe

countries Surveying as understood by

CLGE includes Cadastral Surveying

which provides security to land and

property title and thus underlines the

economic base of western society

Geospatial information is now ubiquitous

in our lives and Surveyor plays a

fundamental role in this field CLGE is

represented in 36 Council of Europe

Countries among them 28 EU Member

States

COM The Commission

(DG JUSTICE)

CROBECO CRO(ss) B(order)

E(lectronic)

CO(nveyancing)

Project which aims to set out a European

framework of rules and principles for a

process that for contractual and non-

contractual obligations is based on the

law choice of the two parties and the use

of digital means The framework is

referred to as the lsquoCross border

Conveyancing Reference Frameworkrsquo

(hereafter CCRF) and could improve

confidence of foreign buyers in reliable

cross border conveyancing In the long

term the CCRF could be developed as a

basis for optional generic European

digital conveyancing rules For the short

44 G LARSSON (1991) Land registration and cadastral systems Tools for land information and

management Longman Scientific amp Technical 1991 pp 17-18 based on United Nations Ad Hoc Group of

Experts on Cadastral Surveying and Mapping 1973 New York

272 279

Acronym or

Abbreviation

Term Meaning

term the CCRF focuses on bilateral

agreements with respect for existing

legislation This means that although the

existence of different systems will lead to

different demands the CCRF should be

applicable in Member States with

different legal systems In each of these

Member State the law of the country

where the plot is located (Lex Rei Sitae)

determines the acquisition of property

and applies to all questions related to real

rights45

CY Cyprus EU Member State

CZ Czech Republic EU Member State

DE Germany EU Member State

DIGIT Directorate-

General for

Informatics

DK Denmark EU Member State

EE Estonia EU Member State

EEIG European

Economic Interest

Group

EL Greece EU Member State

ELF European

Location

Framework

Project to deliver a pan European cloud

platform and web services to build on the

existing work of the INSPIRE Directive

and enable access to harmonised data in

cross border applications

Brings together 30 participating

companies including national amp regional

mapping and cadastral agencies software

developers application providers

research amp academia and more

The project is co-funded by the European

Commission

ELRA European Land

Registers

Association

ELRA is an international association

whose primary purpose is the

development and understanding of the

role of land registration in real property

and capital markets Equally ELRA is

fully committed to work on behalf of

land registries in Europe in cooperating

with the UE institutions

45 Project website httpwwwelraeuelra-european-land-registry-associationcrobeco

273 279

Acronym or

Abbreviation

Term Meaning

ELRN European Land

Registers Network

ELRN is a network of Contact Points of

Land Registry associations that answers

questions and publishes legal

explanations of the Land Registry

information provided by the national

systems

ES Spain EU Member State

EU European Union

EULIS European Land

Information

Service

EULIS provides easy access to land and

property information for citizens and

professional customers in Europe It is an

information hub where customers can

find out about different land registration

conditions in each country EULIS has

information about national land registry

organisations their contact details and

other helpful information and links It

also offers on-line access to European

land and property registers for licensed

customers

EULIS is part of the European Economic

Interest Group (EEIG) All countries in

Europe can become member of EULIS

EEIG The organisation maintains a

portal that provides on-line services and

direct access to official land registers in

Europe The portal also offers a glossary

with a definition and translation of terms

in different languages and reference

information on land registry and cadastre

organisations and the products and prices

that are provided

EuroGraphics EuroGraphics is an international non-

profit association composed of the

European cadastre land registry and

national mapping authorities whose

mission is to further promote the

development of the European Spatial

Data Infrastructure through collaboration

in the area of geographical information It

brings together 59 members from 47

countries across Europe

FI Finland EU Member State

FR France EU Member State

GUI Graphical User

Interface

HR Croatia EU Member State

274 279

Acronym or

Abbreviation

Term Meaning

HU Hungary EU Member State

ID Identifier Name that identifies a unique object

IE Ireland EU Member State

IMOLA Interoperability

MOdel for

Landregisters

IMOLA projectrsquos objectives are to

bull Describe information from land

registers and

other key registers in a semantic model

bull Design IT infrastructure for

interoperability

suitable for all Member States

bull Define a standard Land Registry Doc in

XML

bull Develop a set of web service

bull Optional Pilot prototype of standard

document and application

INSPIRE Infrastructure for

Spatial

Information in the

European

Community

The INSPIRE directive came into force

on 15 May 2007 and will be

implemented in various stages with full

implementation required by 2019

The INSPIRE directive aims to create a

European Union spatial data

infrastructure This will enable the

sharing of environmental spatial

information among public sector

organisations and better facilitate public

access to spatial information across

Europe

ISFT Intrasoft

IT Italy EU Member State

JHA Justice and Home

Affairs

Justice and Home Affairs the former

name for a pillar of the European Union

JRC Directorate-

General Joint

Research Centre

JUST Directorate-

General Justice

KEN Knowledge

Exchange

Network

Knowledge Exchange Networks bring

together experts from the national

mapping and cadastral agencies to

provide forums for the exchange of best

practice and to discuss the day-to-day

issues facing all national mapping and

cadastral agencies

LARESDA LAnd REgisters

and Spatial Data

LARDESDA projectrsquos objectives are to

bull Describe information from land

registers and cadastral registrations

which are focused on spatial and non-

legal aspects

275 279

Acronym or

Abbreviation

Term Meaning

bull Study link between descriptive parcel

and the spatial parcelpolygon

(harmonisation)

bull Prepare guidelines on how to include

spatial data in the registration process

bull Develop a Land Property Document

with information originating from land

registers cadastral registrations and other

base registers (tax zoning etc)

bull Optional prototype of standard

document and map search with ELF-

functionality

LR Land Register The land register is a public register of

deeds and rights concerning real

property Depending on the legal system

it may be a register of deeds or a register

of titles Under the system based on the

registration of deeds it is the deed itself

that is registered A deed is a record of a

particular transaction and serves as

evidence of this specific agreement but it

is not itself a proof of the legal right of

the transacting parties to enter into and

consummate the agreement Under the

alternative system based on the

registration of title this process of tracing

the chain of deeds is unnecessary Title

registration is itself a proof of ownership

and its correctness is usually guaranteed

and insured by the State47

LT Lithuania EU Member State

LU Luxembourg EU Member State

LV Latvia EU Member State

MS (EU) Member

State(s)

MT Malta EU Member State

NL Netherlands EU Member State

PCC Permanent

Committee on

Cadastre in

European Union

PCC is the international organisation that

joins together the Cadastral Institutions

of the countries of the European Union

The PCC mission is to create an adequate

space in which to promote the full

awareness of the activities developed by

the European Union and the Member

States related with Cadastre and by

means of this information to develop

strategies and propose common

initiatives with the aim of achieving

276 279

Acronym or

Abbreviation

Term Meaning

greater coordination among the different

European cadastral systems and their

users

PL Poland EU Member State

POC Point of Contact

QA QC Quality

AssuranceQuality

control

RO Romania EU Member State

SE Sweden EU Member State

SEPA Single Euro

Payment Area

SI Slovenia EU Member State

SK Slovakia EU Member State

SOA Service-oriented

architecture

Service-oriented architecture (SOA) is a

software design and software architecture

design pattern based on distinct pieces of

software providing application

functionality as services to other

applications This is known as service-

orientation It is independent of any

vendor product or technology

SOAP Simple Object

Access Protocol

Protocol specification for exchanging

structured information in the

implementation of web services in

computer networks

SPOC Single Point of

Contact

TM Topographic

mapping

UIS Unisys

UK United Kingdom EU Member State

277 279

4142 Architecture overview (Part II)

Term Definition

Asynchronous

call

In computer science an asynchronous call is a form of input

processing that permits other processing to continue before the

execution is finished

See httpenwikipediaorgwikiAsynchrony for more information

Backward

compatibility

In computing a product or technology is backward compatible if it

can work with input generated by an older product or technology such

as a legacy system If products designed for the new standard can

receive read view or play older standards or formats then the

product is said to be backward-compatible

See httpenwikipediaorgwikiBackward_compatibility for more

information

Big-Bang Big bang is the adoption type of the instant changeover when

everybody associated with the new system moves to the fully

functioning new system on a given date

See httpenwikipediaorgwikiBig_bang_adoption for more

information

ECAS ECAS is the European Commission Authentication Service It is a

common authentication system allowing for a single sign on to be

used across a large number of European Commission websites

Enterprise

Service Bus

An enterprise service bus (ESB) is a software architecture model used

for designing and implementing communication between mutually

interacting software applications in a service-oriented architecture

(SOA) As a Software Architectural Model for distributed computing

it is a specialty variant of the more general client server model and

promotes agility and flexibility with regards to communication

between applications Its primary use is in enterprise application

integration (EAI) of heterogeneous and complex landscapes

See httpenwikipediaorgwikiEnterprise_service_bus for more

information

Greenfield Greenfield is a project or generally action that lacks any constraints

imposed by prior work

See httpenwikipediaorgwikiGreenfield_project for more

information

Professional

capacity

certification

The act of identifying and certifying an individualrsquos profession

Reference

Implementation

A reference implementation is in general an implementation of a

specification to be used as a definitive interpretation for that

specification

See httpenwikipediaorgwikiReference_implementation for more

information

Semi-centralised

interconnection

A deployment topology where parts of the systemrsquos functions are

hosted centrally and other parts are deployed in remote nodes

SOAP SOAP originally defined as Simple Object Access Protocol is a

protocol specification for exchanging structured information in the

implementation of web services in computer networks It relies on

278 279

Term Definition

XML Information Set for its message format and usually relies on

other application layer protocols most notably Hypertext Transfer

Protocol (HTTP) or Simple Mail Transfer Protocol (SMTP) for

message negotiation and transmission

See httpenwikipediaorgwikiSOAP for more information

Star topology A Star topology is one of the most common computer network

topologies In its simplest form a star topology consists of one central

switch hub or computer which acts as a conduit to transmit messages

between other nodes

See httpenwikipediaorgwikiStar_network for more information

Synchronous

call

In computer science a synchronous call is a form of input processing

that blocks other processing from taking place until the execution is

finished

X509 In cryptography X509 is an ITU-T standard for a public key

infrastructure (PKI) and Privilege Management Infrastructure (PMI)

X509 specifies amongst other things standard formats for public key

certificates certificate revocation lists attribute certificates and a

certification path validation algorithm

See httpenwikipediaorgwikiX509 for more information Table 1 ndash Terminology

End of LR-QTM-01-FR-REP-001

279 279

DS

-01

-15

-02

2-E

N-N

doi 102838711978

  • Revision History
  • Table of Contents
  • List of Figures
  • List of Tables
  • Executive summary
    • Context and scope
    • Business Analysis
      • State of Play
      • Way Forward
        • Architecture overview
          • Portal develops its own solution
          • Portal interconnects EULIS portal and Member State registers
          • Portal integrates and extends the EULIS platform
            • Handling Payments
              • 1 Part I Business Analysis Report
                • 11 Introduction
                  • 111 Background
                    • 1111 European e-Justice Portal
                    • 1112 Land registers in Europe ndash a fragmented picture
                      • 112 Study objectives
                      • 113 Understanding of lsquoLand Register interconnectionrsquo
                      • 114 Methodology and approach
                        • 1141 Desktop research
                        • 1142 Use of Questionnaires
                        • 1143 Visits and interviews
                        • 1144 Expert meeting
                        • 1145 Business analysis report
                            • 12 State of Play
                              • 121 Relevant Actors
                              • 122 Recent developments
                                • 1221 ELRN IMOLA and CROBECO projects
                                • 1222 EULIS LINE project
                                • 1223 INSPIRE Directive and related networks
                                  • 123 Land Data Specificities in EU Member States
                                    • 1231 National establishments for land data registration
                                    • 1232 On-line availability and level of digitisation
                                    • 1233 Land register and cadastre
                                    • 1234 Title vs Deeds
                                    • 1235 Data availability
                                    • 1236 Search capability
                                    • 1237 Language
                                    • 1238 Legal value of provided information
                                    • 1239 Registration and authentication process
                                    • 12310 Access constraints
                                    • 12311 Payment methods
                                    • 12312 Rules and procedures for data updating
                                    • 12313 Participation in a possible pilot project
                                        • 13 Business requirements
                                          • 131 Processing of data
                                          • 132 No digital information or off-line information only
                                          • 133 Data distribution
                                          • 134 Scope and format of data
                                          • 135 Land register data vs cadastre data
                                          • 136 User authentication
                                          • 137 Data protection
                                          • 138 Complement to provided information
                                          • 139 Translation
                                          • 1310 Payment system
                                          • 1311 System implementation
                                            • 14 The way forward
                                              • 141 Phase 1 of Land Registers Interconnection
                                                • 1411 Legal diversity
                                                • 1412 Linguistic diversity
                                                • 1413 Registration of Users (Phase 1)
                                                • 1414 Towards a common search form
                                                • 1415 Personal data protection
                                                • 1416 Legitimate interest
                                                • 1417 Paymentproof of payment
                                                • 1418 Receiving a response
                                                  • 14181 Providing a response
                                                  • 14182 Understanding the content
                                                  • 14183 Understanding the legal value and possible use of the response
                                                    • 1419 Land Registers Interconnection platform
                                                    • 14110 Implementation of a Phase 1 pilot system
                                                    • 14111 Land Registers Interconnection as a test platform
                                                      • 142 Phase 2 of Land Registers Interconnection
                                                      • 143 Functionalities summary ndash progressive implementation
                                                        • 1431 Phase 1 functionalities
                                                        • 1432 Phase 2 functionalities
                                                          • 144 Alternative improving the Portal information (national pages)
                                                              • 2 Part II Architecture Overview
                                                                • 21 Introduction
                                                                  • 211 Purpose
                                                                  • 212 Scope
                                                                  • 213 Intended Audience
                                                                  • 214 Overview of the document
                                                                    • 22 Information System Description
                                                                      • 221 Information System Position Statement
                                                                        • 23 Compliance
                                                                          • 231 Data Protection Compliance
                                                                            • 24 Architecture Overview
                                                                              • 241 Architectural Goals
                                                                              • 242 Architecture Decisions
                                                                                • 2421 Architecturally Significant Requirements
                                                                                • 2422 Architectural Constraints
                                                                                • 2423 General Findings and Recommendations
                                                                                  • 24231 Architectural Decision AD-001
                                                                                  • 24232 Architectural Decision AD-002
                                                                                  • 24233 Architectural Decision AD-003
                                                                                  • 24234 Architectural Decision AD-004
                                                                                  • 24235 Architectural Decision AD-005
                                                                                  • 24236 Architectural Decision AD-006
                                                                                  • 24237 Architectural Decision AD-007
                                                                                      • 243 Architecture Overviews
                                                                                        • 2431 Alternative 1 The European e-Justice Portal develops its own solution for interconnection
                                                                                          • 24311 Proposed solution overview for alternative 1
                                                                                          • 24312 Key concepts of alternative 1 proposed solution
                                                                                          • 24313 Implementation notes of alternative 1
                                                                                            • 2432 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                              • 24321 Proposed solution overview for alternative 2
                                                                                              • 24322 Key concepts of alternative 2 proposed solution
                                                                                                • 2433 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                  • 24331 EULIS lsquoas-isrsquo view
                                                                                                  • 24332 Proposed solution overview for alternative 3
                                                                                                  • 24333 Key concepts of alternative 3 proposed solution
                                                                                                    • 25 Work packages and effort estimation
                                                                                                      • 251 Alternative 1 the European e-Justice Portal develops its own solution for interconnection
                                                                                                        • 2511 Overview
                                                                                                        • 2512 Description
                                                                                                          • 252 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                                            • 2521 Overview
                                                                                                            • 2522 Description
                                                                                                              • 253 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                                • 2531 Overview
                                                                                                                • 2532 Description
                                                                                                                    • 26 Implementation roadmap
                                                                                                                    • 27 Strengths and weaknesses of the alternatives
                                                                                                                    • 28 Performance and volumetric estimations
                                                                                                                    • 29 Re-usable architectural assets
                                                                                                                      • 3 Part III Proposals for handling payments
                                                                                                                        • 31 Introduction
                                                                                                                          • 311 Purpose
                                                                                                                          • 312 Scope
                                                                                                                          • 313 Intended Audience
                                                                                                                          • 314 Overview of the document
                                                                                                                            • 32 Introduction to payment systems
                                                                                                                              • 321 Definition of a payment system
                                                                                                                              • 322 Types of payment service providers
                                                                                                                                • 33 Payment solution overview
                                                                                                                                  • 331 Solution goals
                                                                                                                                  • 332 Key findings
                                                                                                                                  • 333 Significant solution requirements
                                                                                                                                    • 34 Proposed payment solutions
                                                                                                                                      • 341 Logical solution design
                                                                                                                                        • 3411 Design overview
                                                                                                                                        • 3412 Design significant concepts
                                                                                                                                          • 342 Physical payment solutions
                                                                                                                                            • 3421 Solution 1 Usage of existing payment systems
                                                                                                                                              • 34211 Description
                                                                                                                                              • 34212 Mapping to logical solution
                                                                                                                                                • 3422 Solution 2 Mutual-trust model
                                                                                                                                                  • 34221 Description
                                                                                                                                                  • 34222 Mapping to logical solution
                                                                                                                                                    • 3423 Solution 3 Central payment services provider
                                                                                                                                                      • 34231 Description
                                                                                                                                                      • 34232 Mapping to logical solution
                                                                                                                                                        • 3424 Strengths and weaknesses of the proposed solutions
                                                                                                                                                          • 4 Annexes
                                                                                                                                                            • 41 List of national land registers and their organisation
                                                                                                                                                            • 42 Title vs deed systems
                                                                                                                                                            • 43 Summary of data analysis
                                                                                                                                                            • 44 Detailed comparison tables
                                                                                                                                                              • 441 Parcel address and ID
                                                                                                                                                              • 442 Property coordinates and map
                                                                                                                                                              • 443 Owner
                                                                                                                                                              • 444 Known encumbrances
                                                                                                                                                              • 445 Purchase price
                                                                                                                                                                • 45 Language
                                                                                                                                                                • 46 Usage costs and payments methods per Member State
                                                                                                                                                                • 47 Overview of Member Statesrsquo memberships
                                                                                                                                                                • 48 Member States profiles
                                                                                                                                                                  • 481 AT
                                                                                                                                                                  • 482 BE
                                                                                                                                                                  • 483 BG
                                                                                                                                                                  • 484 CY
                                                                                                                                                                  • 485 CZ
                                                                                                                                                                  • 486 DE
                                                                                                                                                                  • 487 DK
                                                                                                                                                                  • 488 EE
                                                                                                                                                                  • 489 EL
                                                                                                                                                                  • 4810 ES
                                                                                                                                                                  • 4811 FI
                                                                                                                                                                  • 4812 FR
                                                                                                                                                                  • 4813 HR
                                                                                                                                                                  • 4814 HU
                                                                                                                                                                  • 4815 IE
                                                                                                                                                                  • 4816 IT
                                                                                                                                                                  • 4817 LT
                                                                                                                                                                  • 4818 LU
                                                                                                                                                                  • 4819 LV
                                                                                                                                                                  • 4820 MT
                                                                                                                                                                  • 4821 NL
                                                                                                                                                                  • 4822 PL
                                                                                                                                                                  • 4823 PT
                                                                                                                                                                  • 4824 RO
                                                                                                                                                                  • 4825 SE
                                                                                                                                                                  • 4826 SI
                                                                                                                                                                  • 4827 SK
                                                                                                                                                                  • 4828 UK
                                                                                                                                                                    • 48281 England and Wales
                                                                                                                                                                    • 48282 Scotland
                                                                                                                                                                    • 48283 Northern Ireland
                                                                                                                                                                        • 49 Interview Reports
                                                                                                                                                                          • 491 Interview with EULIS
                                                                                                                                                                          • 492 Interview with ELRA
                                                                                                                                                                          • 493 Interview with France
                                                                                                                                                                            • 4931 Overview of the LR situation in France
                                                                                                                                                                            • 4932 Situation in AlsaceMoselle
                                                                                                                                                                            • 4933 The processing of requests
                                                                                                                                                                            • 4934 List of national land registers and their organisation
                                                                                                                                                                            • 4935 Title vs deed systems
                                                                                                                                                                            • 4936 Land register data comparison tables
                                                                                                                                                                              • 49361 Parcel address and ID
                                                                                                                                                                              • 49362 Property coordinates and map
                                                                                                                                                                              • 49363 Owner
                                                                                                                                                                              • 49364 Known encumbrances
                                                                                                                                                                              • 49365 Purchase price
                                                                                                                                                                              • 49366 Language
                                                                                                                                                                              • 49367 Usage costs and payments methods per MS
                                                                                                                                                                                • 4937 Summary
                                                                                                                                                                                    • 410 Common Communication Protocol sample scenarios
                                                                                                                                                                                      • 4101 Sample scenarios
                                                                                                                                                                                      • 4102 Scenario I Professional capacity certification not required
                                                                                                                                                                                      • 4103 Scenario II Professional capacity certification required
                                                                                                                                                                                        • 411 Consolidated responses of Member States to questionnaire 3
                                                                                                                                                                                        • 412 Consolidated responses from questionnaire nr 3
                                                                                                                                                                                        • 413 Reference and applicable documents
                                                                                                                                                                                          • 4131 Business analysis report (Part I)
                                                                                                                                                                                            • 41311 Applicable documents
                                                                                                                                                                                            • 41312 Legal and political reference documents
                                                                                                                                                                                            • 41313 Land data reference documents
                                                                                                                                                                                            • 41314 Links
                                                                                                                                                                                              • 4131 Architecture overview and Proposals for handling payments (Part II and Part III)
                                                                                                                                                                                                • 414 Terminology
                                                                                                                                                                                                  • 4141 Business analysis report (Part I)
                                                                                                                                                                                                  • 4142 Architecture overview (Part II)
Page 2: DG Justice - knjiznica.sabor.hr

More information on the European Union is available on the Internet (httpeuropaeu) Luxembourg Publications Office of the European Union 2014 ISBN 978-92-79-45120-1 doi 102838711978

Europe Direct is a service to help you find answers to your questions about the European Union

Freephone number ()

00 800 6 7 8 9 10 11 () The information given is free as are most calls (though some operators phone boxes or hotels

may charge you)

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bull one copy via EU Bookshop (httpbookshopeuropaeu)

bull more than one copy or postersmaps from the European Unionrsquos representations (httpeceuropaeurepresent_enhtm) from the delegations in non-EU countries (httpeeaseuropaeudelegationsindex_enhtm) by contacting the Europe Direct service (httpeuropaeueuropedirectindex_enhtm) or calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) () () The information given is free as are most calls (though some operators phone boxes or hotels may charge you)

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bull via EU Bookshop (httpbookshopeuropaeu)

Priced subscriptions

bull via one of the sales agents of the Publications Office of the European Union (httppublicationseuropaeuothersagentsindex_enhtm)

4 copy European Union 2014

Abstract

This document is the outcome of the European Commissionrsquos study lsquoEuropean e-

Justice Portal Land Registers Interconnection - Feasibility and Implementation

analysisrsquo It presents the results of a business and a technical study that together forms

the preliminary work toward building a land register interconnection in the European

e-Justice Portal The business study report contains a consolidated view of the land

register landscape in the 28 Member States and their analysis as far as interconnection

aspects are concerned The technical part provides an overview of potential

architecture solutions for such an interconnection Finally the document presents

different possibilities for handling payments

Authors iLICONN Consortium

Rudolf De Schipper

Patrice-Emmanuel Schmitz

Piotr Danowski

Giedre Kazlauskaite

Pedro Torrinha

Nicholas Yialelis

Panagiotis Athanasiou

Version

107

Date

14102014

Disclaimer

This report has been prepared for the European Commission by partners of the

iLICONN consortium (Unisys Corporation and Intrasoft International) It reflects

views only of the authors and the Commission cannot be held responsible for any use

which may be made of the information contained therein

Revision History

Version Author Description

105 iLICONN Original Version

106 iLICONN Clarification regarding EULIS project in sections 121

Relevant Actors and 1222 EULIS LINE project

107 European

Commission

Final revision prior to the publication

5 copy European Union 2014

Table of Contents

Revision History 4

Table of Contents 5

List of Figures 6

List of Tables 7

Executive summary 8

Context and scope 8

Business Analysis 9

Architecture overview 12

Handling Payments 15

1 Part I Business Analysis Report 17

11 Introduction 17

12 State of Play 23

13 Business requirements 38

14 The way forward 44

2 Part II Architecture Overview 61

21 Introduction 61

22 Information System Description 63

23 Compliance 63

24 Architecture Overview 64

25 Work packages and effort estimation 92

26 Implementation roadmap 104

27 Strengths and weaknesses of the alternatives 107

28 Performance and volumetric estimations 111

29 Re-usable architectural assets 112

3 Part III Proposals for handling payments 113

31 Introduction 113

32 Introduction to payment systems 115

33 Payment solution overview 117

34 Proposed payment solutions 121

4 Annexes 134

41 List of national land registers and their organisation 134

42 Title vs deed systems 145

43 Summary of data analysis 147

44 Detailed comparison tables 152

45 Language 178

46 Usage costs and payments methods per Member State 179

47 Overview of Member Statesrsquo memberships 185

48 Member States profiles 190

49 Interview Reports 239

410 Common Communication Protocol sample scenarios 251

411 Consolidated responses of Member States to questionnaire 3 255

412 Consolidated responses from questionnaire nr 3 265

413 Reference and applicable documents 266

414 Terminology 270

6 copy European Union 2014

List of Figures

Figure 1 Summary of functionalities per suggested approach 12

Figure 2 On-line availability 27

Figure 3 Titles vs Deeds in Member States 29

Figure 4 Data availability in Member States 30

Figure 5 Parameters availability in Member States 31

Figure 6 Searches capabilities 31

Figure 7 Available searches in Member States 32

Figure 8 Access to users from other EU Member States 34

Figure 9 Access fee 35

Figure 10 Payment method 36

Figure 11 Member Statesrsquo willingness to participate in the pilot 37

Figure 12 Example of declaration of legitimate interest 49

Figure 13 Implementation process 54

Figure 14 Portal search links 57

Figure 15 Example from the EnglandWales website 58

Figure 16 Alternative 1 Architecture Overview 81

Figure 17 Alternative 2 Architecture Overview 87

Figure 18 EULIS as-is overview 88

Figure 19 Alternative 3 Architecture Overview 90

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1 94

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1 95

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1 96

Figure 23 Work packages and deliverables of alternative 2 100

Figure 24 Work packages and deliverables of alternative 3 102

Figure 25 Proposed LRI implementation roadmap 106

Figure 26 Logical payment solution overview 122

Figure 27 Summary of data analysis 151

Figure 28 Scenario I Overview 252

Figure 29 Scenario II Overview 254

7 copy European Union 2014

List of Tables

Table 1 Member States selected for interviews or visits (criteria) 21

Table 2 Architecture significant requirements 65

Table 3 Architecture constraints 66

Table 4 General architectural findings and recommendations 68

Table 5 Key concepts of alternative 1 architecture overview 85

Table 6 Key concepts of alternative 2 architecture overview 87

Table 7 Key concepts of alternative 3 architecture overview 91

Table 8 Effort estimates in man-months for the implementation of Alternative 1 99

Table 9 Effort estimates in man-months for the implementation of Alternative 2 101

Table 10 Effort estimates in man-months for the implementation of Alternative 3 104

Table 11 Strengths and weaknesses summarisation for all alternatives 110

Table 12 Volumetric estimations 112

Table 13 Key findings 119

Table 14 Solution requirements 121

Table 15 Key concepts of the payment solution design 125

Table 16 Mapping key concepts to solution 1 127

Table 17 Mapping key concepts to solution 2 129

Table 18 Strengths and weaknesses comparison 133

Table 19 List of National land registers 144

Table 20 Titles and deeds systems 146

Table 21 Parcel address and ID 159

Table 22 Property coordinates and map 165

Table 23 Ownership 169

Table 24 Known encumbrance 173

Table 25 Purchase price 177

Table 26 Member States Registers language 179

Table 27 Registers usage costs 185

Table 28 Member State membership 189

Table 29 Consolidated view of payment instruments and volumes per Member State

265

8

Executive summary

Context and scope

The EU Member states have developed property registration systems generally known as

lsquoLand Registersrsquo as from the beginning of the 19th

century The majority of systems are

based on title registration granting the owner with a valid property title In a minority of

cases a deed registration system maintains a chain of authentic documents property

evidence results from that chain The two forms of registration are sometimes combined

Due to technical evolution and administrative simplification some Member States manage

their land registers together with the cadastre New technologies have been applied to both

land registers and cadastre paper files were migrated to computers documents were

scanned allowing for a central storage of digital copies and new lsquoterritorial informationrsquo

such as electronic pictures or multi-layered maps were added Property related

information has however diverse origins and thus different legal value throughout the EU

for example a snapshot picture or a map could not serve as property title evidence but

will be precious for assessing the possible economic value of this property

The quality of justice requires efficient and rapid access to legal information that citizens

and justice professionals need to know This includes obtaining when necessary reliable

information on property rights of citizens and enterprises and verifying whether the

registration of these rights is valid for example prior purchasing or selling a property

Public authorities and professionals including notaries geometers lawyers and credit

institutions need to have access to land registers across Europe

In order to examine different ways of providing cross-border access to land data the

European Commission (EC) DG Justice (DG JUST) has contracted the iLICONN

consortium1 to conduct the present feasibility study

2 that should inform a decision on

whether or not a Land Registers Interconnection (LRI) will be developed for inclusion in

the European e-Justice Portal (hereinafter the Portal or lsquoEJPrsquo)3

lsquoLand Registerrsquo (LR) is used in its broadest meaning a national (or regional if no national

file exists) electronic information source providing access to relevant land property data

lsquoInterconnectionrsquo means searching and obtaining such land data from registers managed

by participating Member States

1 The iLICONN consortium was formed by Unisys Belgium (leader) Intrasoft international Ltd and

Bilbomatica Ltd 2 As a feasibility study the scope of the present report does not include any new assessment of the need for

LRI (for example resulting from existing or proposed EU legal instruments) the implementation of LRI was

decided by Member States and by EU authorities as part of the e-Justice action plan 3 Available at httpse-justiceeuropaeu

9

The study has three main parts

The business part analyses land register specificities in the 28 Member States and

proposes a potential way forward for a possible LRI

The technical part provides an overview of potential architecture solutions for such an

interconnection

The last part explores possibilities for handling payments when a fee is introduced for

accessing data

The three parts are summarised hereafter It is worth noting that according to the study

findings functionalities similar to the ones needed for a possible LRI could be reused in

other projects managed by the European Commission such as a common payment system

or an authorisation system which takes professional capacity certification into account

Business Analysis

State of Play

In order to obtain an overview of the state of play information on national land registers

and their organisation was collected and updated Apart from national authorities a

number of international actors (ELRA EULIS PCC EuroGeographics CLGE) were

identified and relevant developments were described

The analysis highlighted the fragmentation of land data sources It showed that different

systems may co-exist in one Member State Also the analysis revealed that land data

could be distributed across lsquoproperty rights oriented systemsrsquo and lsquoland description

oriented systemsrsquo (cadastre) or that several registers may exist depending on

regionalfederal or administrative fragmentation

Several key findings were drawn from the lsquostate of playrsquo analysis

Two types of property registration systems exist the lsquodeed recording systemrsquo

based on the record of relevant authentic documents and the lsquotitle registration

systemrsquo enabling the provision of evidence regarding property titles A majority of

Member States (17) have a title system or both systems (when they migrated from

a previous deed system) while a minority (11) has a deed system only

Nearly all systems (except one) are digitalised and the majority (23) may be

accessed on-line

4 land property data categories were considered as the most useful for searching

information and 7 were considered as the most useful information to receive in a

response 67 of existing systems are ready for accepting these queries and 81

of them could already provide such information

In most Member States on-line access to land data require user registration

Most systems (22) require some payment to be handled by cards or performed in a

form of prepayment or subscription

Considering the commonalities 52 of Member States volunteer to participate to

a pilot project introducing a first phase of LRI Others are open to discussion or

wish to delay their participation

10

Business Requirements

A one-stop-shop (the Portal as a single European address) a common query form

(available in the language selected by the portal user) and a minimal set of

common query fields are the most immediate benefits (and requirements) of a

common LRI platform

Standard user authentication would be a key advantage in such a platform in the

first phase for handling payments according to interoperable methods and for

obtaining global invoices related to the use of the LRI service

When required the query form must be complemented by a declaration of

legitimate interest (multiple choice pre-filled forms complemented by relevant

information about the user)

Once the query is forwarded to the relevant point of contact in Member States the

way of processing the query will remain dependent on each system on-line when

possible or asynchronous answers sent by mail (e-mail) when the answer or the

certificate must be checkedvalidated by the relevant administration

Before submitting the query and when receiving the answer the user must receive

detailed informationdisclaimers on the legal value and possible use of data

The property data needs to be complemented when available by lsquoland

descriptiveterritorial informationrsquo which is useful for determining the interest or

economic value of a property The previous experience gained from the EULIS

project has proved that having an LRI that is augmented by information on the

boundaries of a parcel of land is a need expressed by citizens and professionals

Translation must be as complete as possible (however compatible with possible

liability and technical possibilities) It could be proposed as an option (imposing a

certain fee)

The LRI platform must ultimately facilitate authentication of administration and

professional users across the EU for determining specific access rights

Way Forward

The possible way forward includes two phases which according to the e-Justice strategy

Member States will be able to follow on a voluntary basis

Phase 1 could be introduced by a pilot project (with a limited number of Member States)

and would be extended to other Member States as soon the solution is developed

implemented and tested successfully No issue related to personal data protection should

arise in this respect Phase 1 would address the following questions

Solving the legal diversity by preparing standard clarification about the legal value

and possible use of provided data

Reducing language issues by translating fixed labels proposing multiple choice

pre-filled forms (eg for reporting a legitimate interest) and standard disclaimers as

well as by implementing a glossary

Implementing a uniform registration process (targeted to all users without

providing specific access rights)

Building a common search form complemented with optional fields and a

declaration of legitimate interest

Providing standard and uniform paymentinvoicing facilities

11

Phase 2 would include a progressive assignment of specific access rights to professional

users including members of other Member Statesrsquo administrations The process would

depend on the possibility to interconnect with national authorities entitled to certify such

professional use Phase 2 would also be focused on migrating when possible from

asynchronous answers to on-line answers reducing the administrative burden and costs of

human intervention

As an alternative those Member States that are not ready at this stage to participate in the

LRI platform could improve the delivery of land register information by implementing

(from their own page on the Portal) a direct link to their system and proposing a standard

query form (at least in English) as well as an optional translation service (for a certain

fee)

The disadvantages of such an alternative approach would be

No common user registration (users must process registration in each Member

State meaning that an additional registration form should be provided)

No common platform to present on-line results each Member State must translate

its own interface or send the answer in an asynchronous way

Translation issues are not facilitated globally (with a common platformglossary)

No interoperable payment systemprepayment on a common virtual

bankglobalisation of invoices would be available

No interoperable evolution towards Phase 2 would be possible (interconnecting all

relevant certification authorities for assigning rights to professional users)

The following figure provides a summary of the different functionalities pre-supposed by

the suggested approach

Current EULIS

Registration ndash making it possible for users to get registered (simple

registration evolution of the current one ndash target use of the

payment system)

Present but at

each LR level

Improvement of static information ndash all interconnected registers

have to clarify what information should be provided to users and

what the legal value of the information is

Present but there

is room for

improvement

Search ndash the core use case of the system responsible for the

execution of searches display of relevant disclaimers information

about land data cost of the search(es) and the final response(s) The

search form must be complemented by the declaration of legitimate

interest when requested

Lack of standard

presentation

form including

all requirements

Translation of all fixed fields titles labels multiple choice pre-

filled forms legal value of information ndash in search and response

forms

Present if

implemented

nationally only

Glossary ndash a multilingual taxonomy or LR terminology and

highlighting lsquoglossary termsrsquo in portal information

Limited

coverage ndash to be

taken over and

Phase 1 (and pilot)

12

improved

Payment ndash allowing submitting payment (pre-paidsubscription or

post-paid) and maintaining for each user its payment

historyaccountinginvoices

National

payments used

Disclaimersrsquo management ndash enabling the management of

disclaimers information about land data and their translation into

all EU languages

Present in

English only

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisations to certify users according to their profession (building a

lsquocircle of trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs

Access management ndash allowing Member States to authorise access to the LR data

based on the requestorrsquos profession

Provision of at least the information on lsquohow and where to submit a queryrsquo on national

(Member Statesrsquo) pages of the Portal

Provision of a basic query form (and a registration form when applicable) in English in

addition to the national language(s)

Validation of the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line the

answer being provided after some time (needed for checking conditionsverification

etc) Figure 1 Summary of functionalities per suggested approach

Architecture overview

Three main alternatives were analysed

Portal develops its own solution

Portal interconnects EULIS and Member State registers

Portal integrates and extends the EULIS platform

Each of these options is described further below

Portal develops its own solution

The total effort required to build and deploy this solution in man-months has been

estimated to be 68 for DG Justice and 6 for each participating Member State

Phase 2

Alternative improving the Portal information

13

Strengths

Complete functional capabilities due to the fact that alternative 1 has been

designed whilst keeping in mind the wide scope of LRI it offers the most complete

set of functionalities allowing flexible search queries to one or more participants

integrating dynamic authorisation schemes provision of responses to search results

and facilitating direct payments from LRI end users to LRI participants

High degree of flexibility The proposed solution for alternative 1 has been

designed so that several aspects which are difficult to address immediately or may

change in the future are abstracted Doing so allows adding further capabilities

(such as certifying professionals using a service provided by a competent

authority)

Potential for expansion The design of the solution allows future expansions as the

information exchanged between LRI participants and the EJP is formally

structured and may be further processed or enhanced according to business needs

An example of this potential is the automatic translation of labels and pre-defined

terms A further development that would leverage existing EJP facilities could be

the complete translation of the information exchanged using machine or manual

translation

Weaknesses

Effort required Evidently this alternative requires more effort than integrating

and re-using EULIS (see also Alternative 3) in order to be analysed and deployed

Previous investment underutilised Given that in Alternative 1 EULIS is not

utilised the investment already made by Member States integrated in this platform

will be underutilised

High complexity The findings of this feasibility study although not detailed to the

level of enabling the immediate production of an actual LRI system have shown

that a variety of subjects (such as the certification of professional capacity) may

prove to be much more difficult than anticipated in terms of analysis as well as

implementation Thus the effort estimated for implementing alternative 1 may

change depending on the findings of further analysis

Portal interconnects EULIS portal and Member State registers

The total effort required to build and deploy this solution in man-months has been

estimated to be 78 for DG Justice and 7 for each participating Member State

Strengths

Combined benefits A close observation of the strengths and weaknesses of

alternatives 1 and 3 shows that they are essentially opposites as the strengths of

one solution are effectively the weaknesses of the other Thus given that this

alternative is designed as a combination of alternatives 1 and 3 it combines their

strengths and manages to diminish some of their weaknesses especially the ones

related to the business and functional capabilities as well as the underutilisation of

the investment already made by Member States in EULIS

Weaknesses

14

Effort required As shown already in the effort estimates presented in this

document (see also alternative 1 and alternative 3 effort estimations) this

alternative requires the highest effort requirement for to roll-out

High complexity Although technically possible the integration of the two

different interconnection approaches may in the future impose constraints in the

overall LRI service provided by the EJP This is true currently since some of the

functionalities offered by the proposed LRI standard cannot be supported by the

EULIS platform without revising it Furthermore DG JUST will have to maintain

two separate service lines as the maturation of the proposed LRI standard may

bring additional services which further diverge from the current EULIS proposal or

it may be the case that further developments in the EULIS platform impose new or

revise existing requirements for integrating it with EJP

Portal integrates and extends the EULIS platform

The total effort required to build and deploy this solution in man-months has been

estimated to be 49 for DG Justice and 11 for each participating Member State

Strengths

Less effort required Evidently when compared with alternatives 1 and 2

following this approach requires less effort for analysis and development

Faster initial roll-out due to the fact that EULIS is already deployed and there are

already Member States participating in the interconnection it is expected that the

initial roll-out of alternative 3 should require less time than the other two

alternatives

Technology portfolio The components used to implement EULIS are conformant

with the technological landscape identified from the responses of the majority of

Member States (14) provided in Questionnaire n3

Weaknesses

Authentication model The current authentication model employed by EULIS is

based on the fact that a Land Register is capable of authenticating its own users

However this hypothesis is not valid for all Land Registers Eventually the

authentication model employed by EULIS will have to be revised in order to

approach the one proposed in alternative 1 so as to be able to scale on a pan-

European level hence requiring additional effort for developing this solution in the

long term

Fewer capabilities by its definition the model employed in EULIS imposes

certain restrictions on the capabilities that can be developed without altering the

platform to the point that it starts resembling alternative 1 For example the

certification of an end userrsquos professional capacity is not supported thus Land

Registers that require such a certification for providing basic or enhanced

information services will not be able to provide them

Asynchronous calls are not supported By definition search queries in EULIS are

executed in near-real time This constraint makes difficult the participation of off-

line registers and imposes an increase in the technical availability the LRI EULIS

peers

15

Handling Payments

The feasibility study has shown that

Member States employ a variety of payment models according to the type of user

The LRI solution should not change drastically the current way of payment and

impose minimal (if any) restrictions on supported payment models

The LRI solution should support at least Credit Transfer and Direct Debit as these

are the most popular payment instruments Given the new developments (most

Member States are currently in the process of changing their approach on payment

systems) it is also advisable to include cards as a payment instrument (straight-

through processing) but as far as possible to phase-out the cheque and cash

payments

The solution should support current international standards and provide a multi-

lingual interface

The solution should facilitate payments to multiple registers using a single

uniform process

Three options are proposed

Using existing payment systems as currently implemented by each register This

looks lsquosimplersquo and lsquolow costrsquo to develop but in most cases the Portal users will not

be able to group services from multiple registers (in a single shopping basket) and

a single payment for all queries will not be possible Therefore it will be complex

for users

The lsquoMutual trust modelrsquo similar to the service offered in the EULIS platform

(which does not provide a payment system in itself but rather an accounting system

facilitating payments) The user will have to establish an account with a competent

authority and has various options

a Pay a monthly fee which allows to the user unlimited LRI access

b Pre-pay an amount which is used as credit for LRI consultations

c Pay nothing upfront but receive periodic bill for LRI consultations the user

has performed

This approach however bears certain difficulties mainly on its organisation and

set-up and subsequently on the technical level as it is required to identify one or

more organisations that can act as lsquocompetent authorityrsquo (ie be within its mandate

to accept payments or be billed for services performed by its accredited users) and

has the technical capacity to perform the task at hand

The central payment services provider which will handle complex transactions

across multiple accounts (Land Registers end users and other stakeholders like

the certification authorities) based on real use and using a common process Such

a service is expected to be provided by an external entity (providing the Payment

Services Platform) which will require compensation for the service offered The

way this solution is expected to work can be summarised as follows

a The user is presented with an invoice and payment options The invoice is

detailed and composed of information provided by multiple Land

Registers

16

b The money is initially transferred into a single bank account

c The payment system breaks down the amount received into small

transactions to each Land Register according to the price requested by

them for the services provided and in a pre-determined time frame (eg

once per month) each Land Registers receive payment for the exact

services they provide

17

1 Part I Business Analysis Report

11 Introduction

According to Articles 4 and 67 of the Treaty of the Functioning of the European Union

(TFEU)4 the European Union (EU) and the Member States have a shared competence for

the implementation of a common area of freedom security and justice (Art 4 and 67

TFEU) The quality of justice includes that justice professionals as well as other users

having a legitimate interest have access to the needed land data in other EU Member

States as well as in their home State Such interest may be illustrated by the need to check

if their own property is correctly registered determine succession rights establish

guarantees on properties abroad or execute court decisions

In order to examine different ways of providing cross-border access to land data the

European Commission DG Justice has contracted the iLICONN consortium to conduct the

present feasibility study that should inform a decision on whether or not a Land Registers

Interconnection will be developed for inclusion in the European e-Justice Portal

The study has four main tasks

Business part which provides analysis of core land data specificities in the 28

Member States of the EU in order to propose possible ways towards a more

consolidated approach for cross-border interconnection

Technical analysis aimed at examining the potential architectural solutions for

achieving the interconnection

Proposal for handling payment which investigates the possibilities for online

payments and looks into ways on how this should be implemented

Collection of business data for the definition of common templates for land data

excerpts

Part I of this report addresses the business part of the study The outcome of other study

parts (II ndash Technical alternatives and III ndash Proposals for handling payments ) were written

as separated reports but are summarised (in the Executive summary) and presented further

(in part II and III) in this feasibility study

4 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European

Community signed at Lisbon 13 December 2007 [OJ C 306 17122007 p1]

18

111 Background

1111 European e-Justice Portal

The decision to create a European e-Justice Portal was taken by the EU Member States at

the Council of the EU in June 2007 As reported in the e-Justice action plan5 the JHA

Council decided that work should be carried out with a view to developing at European

level the use of information and communication technologies (ICT) in the field of justice

particularly by creating a European portal

The e-Justice action plan has placed the European Commission in charge of creating the

technical web platform to allow the operational functioning of the Portal The platform

was set up and became operational as from 2009

The European e-Justice Portal could be defined as an electronic lsquotechnical platformrsquo and is

thus conceived as a future electronic one-stop-shop in the area of justice

The information pages of the Portal are open to everyone enabling anonymous visitors to

access read and when needed download Portal pages documents and forms However

the JHA Council has stated from the beginning that some of the Portalrsquos functionalities or

services should be reserved to authenticated users and to justice professionals As stated in

recital 32 of the action plan the Portal lsquowill permit by means of a uniform authentication

procedure to open up for members of the legal professions the various functionalities

reserved for them to which they will have differentiated access rights It should be

advisable to provide for such a possibility for authentication for non-professionals alsorsquo

The Portal is a work in progress In its initial phase it provided information on both the

EU and the national legal frameworks In a future phase it will allow for more interactions

and services to be used in the field of justice such as providing access to business

registers helping to find a lawyer or facilitating the set-up of trans-border video

conferences

1112 Land registers in Europe ndash a fragmented picture

In Europe two types of property registration systems were developed First the systems

with the double purpose of securing data with regard to the ownership of properties were

created which represents the interest of the owner and the potential buyer ndash thus all

citizens and justice in general Secondly the registration systems establishing a cadastre of

real estate tax payers were implemented for the benefit of the countryrsquos finances The

separation between these two approaches is however not always clear cut In addition due

to technological advancement land register information is now often complemented with

territorial information maps indication related to the type of land environmental

constraints plans related to possible future developments and actual pictures Such

5 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501) [OJ C 75 31032009 p 1]

19

territorial information does not have the same legal value before entering into a real estate

transaction or assessment (ie purchasing a property will management divorce etc)

Due to large cultural diversity and different legal traditions the methods of property title

registration differ considerably between groups of countries A first group of registers

could be called lsquoregisters of documentsrsquo (deed recording systems) The method is based

on the principle that unpublished or private documents cannot serve as evidence against

published or lsquoauthenticrsquo documents Those registers do not provide direct evidence of who

is the holder of a right but they keep trace of the chain of relevant documents and grant

priority to some documents above others This group includes civil law states such as

France (except some territories which acquired German influence) Belgium

Luxembourg Italy (except the autonomous province of Trento) and Romania

Another group of countries developed property registration systems (title registration

systems) According to this method a valid title for the acquisition of property is issued

provided that it is acquired in good faith These are registries of property rights (or titles)

This group comprises countries which follow the German law tradition Germany

Switzerland Poland Slovenia Austria Spain Portugal or Slovakia

It must be noted that with some specific common law particularities the registries of

England Scotland Ireland and Northern Ireland have also moved from previously used

deed systems to title registration systems

Against this background of diversity it is vital to ensure that the legal value of any cross-

border land register excerpt is clearly communicated Therefore each element of an

excerpt cannot be extracted and presented out of its jurisdictional context It must be

complemented by supporting information that guides the reader to understanding the legal

value the possible uses and the meaning of the communicated information

112 Study objectives

The main study objective is to provide a comprehensive analysis of the organisation and

content of land data in 28 EU Member States

The analysis should result in suggestions for possible ways to interconnect the land

registers in the scope of the e-Justice Portal The study should consider the results of the

previous studies and projects in the field More specifically the study should identify

National registers that contain land information their organisation within Member

States and their readiness for the interconnection (level of digitalisation and on-line

integration etc)

Potential implications due to the use of different registration systems (title v deed)

language payment methods the nature and structure of data including the

availability of searches

Relevant data protection rules and procedures that govern updating the land

information

Other elements that will have an impact on the proposed technical solution

20

The main output of the study is the present business analysis report which concludes with

suggesting a possible way forward for establishing cross-border access to land

information

113 Understanding of lsquoLand Register interconnectionrsquo

In the framework of this feasibility study the term lsquoLand Registerrsquo is used in its broadest

meaning a national (or regional if no national file exists) electronic information source

(file or lsquosystemrsquo) providing access to relevant land data Depending on the Member Statersquos

organisation the system could be legally categorised as lsquoLand Registerrsquo of property titles

or as a deeds system In some countries the system is known as lsquoCadastrersquo or maintained

by the cadastre it reports property information combined with information such as maps

country planning or environment

The lsquorelevant land datarsquo means the land parcel address property coordinates property ID

when available parcel ID in other cases owner parcel map encumbrances and price of

acquisition This subset of data (or most of it) is generally considered as minimum

information (taking into account that other data may be stored in addition to the above or

considered at later stage)

lsquoInterconnectionrsquo means that the study will assess whether when and according to which

conditions through the e-Justice Portal some users could be authorised to search and

access (view only and when possible obtain some documented evidence) relevant land

data from registers managed by participating Member States

114 Methodology and approach

The methodology used to conduct the business analysis included several steps which are

outlined further below

1141 Desktop research

This method included the review of the previous studies projects and other relevant

documentation in the field of cross-border access to land register information During this

phase the overview of relevant actors was prepared which allowed identifying the

stakeholders to be contacted in the course of the study

1142 Use of Questionnaires

This step consisted of collecting relevant information via study questionnaires from

stakeholders in 28 EU Member States Initial meetings with the European Land Registers

Association (ELRA) the European Land Information Service (EULIS) and the European

Location Framework (ELF) were organised these organisations provided input for the

preparation of questions Three questionnaires were disseminated to each of the Member

States via e-mail

Questionnaire 1 Identification ndash aimed at investigating the land registersrsquo organisational

structure as well as identifying the contact points for the relevant authorities The

questionnaire was distributed when using the initial list formed from contacts acquired

through DG Justice the European Land Registry Network (ELRN) and the EULIS

21

projects supplemented by the information provided by ELRA and the Permanent

Committee on Cadastre in EU (PCC)

Questionnaire 2 Business ndash had the objective of gathering information on land data

specificities in the 28 EU Member States in order to collect the requested elements of the

business analysis Amongst others questions on data completeness and availability of

searches legal value of information and payment methods were asked

Questionnaire 3 Technical ndash aimed at investigating the technological landscape and land

register capabilities across the EU The questions targeted the audience regarding possible

approaches with regard to the Land Registers Interconnection and potential candidate

platforms for performing on-line payments

Consolidated answers to Questionnaires 1 2 and 3 can be found in Section 2

1143 Visits and interviews

Following the receipt of responses to the Questionnaires several Member States were

chosen for conducting interviews The below table presents the selection criteria for

choosing Member States for interviews

Criteria EE ES FR IT SE NL

Large amount of properties

possessed by nationals from other

EU Member states

X X X

Expected issues X6 X

7

Collaboration with EULIS X X X

Implementation of payment system X X X X

Implementation of web-services X X

Presence of registration X X X

Table 1 Member States selected for interviews or visits (criteria)

The results of the interviews are aggregated with written answers in the Annexes8

6 Digitised system that requires human intervention 7 In France there are 354 property registers with no interaction between them Moreover there is no Internet

portal that allows public to consult these registers 8 Interviews reports have been annexed to this report

22

1144 Expert meeting

In the course of the study the European Commission DG Justice invited experts from EU

Member States to a discussion on the possible LRI on 19 May 2014 at the European

Commission Conference Centre in Brussels9 During the meeting the attendees were

invited to provide their input on the initial findings of the study

1145 Business analysis report

The analysis of the information collected during the study which included the initial

inventory of work answers to the Questionnaires feedback received during the on-line

interviews with the selected Member States and expert meeting as well as discussions with

relevant actors resulted in the present comprehensive business analysis report

9 ILICON consortium (2014) Land Registers Interconnection Minutes of Meeting General Justice 1st Sub-

Group Meeting 19th May 2014

23

12 State of Play

121 Relevant Actors

A number of key actors in the field of land data registration have been identified in the

course of the study Apart from the national authorities the overview of which is

presented in Section 1231 several European organisations are active in different areas

related to land registration and cadastre

European Land Registers Association (ELRA) is an association composed of

30 organisations representing the land registries of 22 EU Member States Its

mission is the development and understanding of the role of land registration in

real property and capital markets ELRA seeks to underline the significance of

Land Registries in Europe as juridical institutions and the scope of the effects of

registration pronouncements as a key tool for progress in the field of property

European Land Information Service (EULIS) is a European Economic Interest

Grouping (EEIG) governed by members each responsible for land and property

information in its own country or region It owns a service that provides easy

access to land and property information for professional customers in Europe It

is also a hub of information where one can find out about different land

registration conditions in each country EULISrsquo long-term mission is to underpin

a single European property market through cross border lending

Permanent Committee on Cadastre in European Union (PCC) is an

organisation that joins together the Cadastral Institutions of the EU Member

States The PCC mission is to promote the awareness of the activities related to

cadastre and to develop strategies with the aim of achieving better coordination

among the different European cadastral systems

EuroGeographics is a non-profit association consisting of the European

cadastre land registry and national mapping authorities It brings together 59

members from 47 countries across Europe Its mission is to further develop the

European Spatial Data Infrastructure through collaboration in the area of

geographical information The vision of the EuroGeographics is to achieve

lsquointeroperabilityrsquo of our Membersrsquo national land and geographic information

assets in order to provide Europe with an information asset that will support

its goal to become the most competitive and sustainable economy in the world

The Council of European Geodetic Surveyors (CLGE) is the leading

organisation representing the geodetic surveying profession in Europe It is

present in 35 European countries including the 28 EU Member States CLGE

promotes the interests of the profession in the EU and fosters its development in

the Council of European countries

All of the above organisations signed an agreement lsquoCommon Visionrsquo for cooperation on

cadastre and land registry issues10

10 EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo for cooperation

on cadastre and land registry issues

24

122 Recent developments

In the past years significant developments took place in the area of land registers

cadastres land data sharing and common standards These are briefly presented further

below

1221 ELRN IMOLA and CROBECO projects

The previously described ELRA association is the leader of three important projects in the

area of land data

The European Land Registers Network (ELRN) is composed of 22 ELRA

members from 19 EU Member States Each organisation appoints a land registry

officer expert in property rights and land registration as its contact point for the

Network The contact points will have the task to advise EU authorities judges

notaries and other legal professionals about how to draft documents in a way that

complies with local land registration law

The Interoperability MOdel for LAndregisters (IMOLA) project was launched

with the purpose of increasing the accessibility and transparency of land registry

information and to facilitate the registration of cross-border documents More

specifically the project aims at establishing a standard means of access to land

registry information creating a standard template for the presentation of land

registry information as well as providing support and training to Land Registrars

and others

The CROss Border Electronic COnveyancing (CROBECO) project aims to set

up a framework governing a conveyancing process for foreign buyers of real

estate The framework for such a process is described in a Cross Border

Conveyancing Reference Framework (CCRF) In the long term the CCRF could

be developed as a basis for optional generic European digital conveyancing rules

A follow-up project aims to implement the tools proposed in the CCRF

1222 EULIS LINE project

As mentioned before EULIS is an EEIG owning a platform (hardware software) which

provides online access to land and property information across Europe to meet the needs

of professional users - lenders conveyancers and other professional groups EULIS

members are divided into two groups

Members with full live service Austria Ireland Lithuania Netherlands Sweden

and Spain (6 countries that are all EU Member States)11

Members that are not or partly connected or that support the EULIS initiative and

have indicated that when conditions are more favourable they will connect Czech

Republic England and Wales Finland Macedonia and Scotland (5 regions or

countries noting that some are not EU Member States)

11 EULIS (2013) EULIS country table state of play November 2013 (Country table state of play update

Nov 2013xls)

25

This service is restricted to registered users which are professional users Such users log

in via their national registers and after being redirected back to the EULIS web site they

can search separately in any of the interconnected land registers A common search

interface is prepared but not yet available Where national registers impose payment this

is handled by EULIS by forwarding information on the transaction costs to the users

national provider who is responsible for charging the user and compensating the remote

national register Additionally EULIS provides free access to certain type of information

such as on legal concepts registration effects of real property conveyance and mortgaging

or contact details of authorities involved in the real property transactions

EULIS plays a crucial role with regard to the possible LRI since the project constitutes the

first successful example of cross-border exchange of land data Any LRI should thus build

on the business and technical experience gained from EULIS as well as the Land

INformation for Europe (LINE) project

The LINE project is the follow-up development of EULIS in the period of 2010-2012

LINE delivered the next generation of EULIS 20 platform offering to new land registry

organisations a possibility to easily and cost-effectively connect and share services across

Europe The main improvements of EULIS 20 include

Change in the architecture (the decision to apply SOA)

Move towards open source software platform

Opening up the service for public users to make certain search requests on land

properties

1223 INSPIRE Directive and related networks

An important development in the field of spatial data infrastructure is the Directive

establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)12

The main goal of this initiative was to create a European Union spatial data

infrastructure which will enable the sharing of environmental spatial information among

public sector organisations across Europe The INSPIRE Directive came into force on 15

May 2007 and is currently undergoing implementation with full implementation required

by 2019 Various instruments have been set up in Member States in order to meet the

roadmap deadlines and to manage the work required to develop an infrastructure that is

both INSPIRE Directive compliant and effective13

However even though substantial

advances have been made since the transposition of the Directive into national legislation

there are still considerable gaps between countries and some barriers and uncertainties

exists with regard to overlapping competences and roles and duties to be undertaken14

It is assumed that INSPIRE could be re-used by the Land Registers Interconnection

solution in the scope of the exchange of the spatial data

12 Directive 20072EC establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE) [OJ L108 14032007 p 1]

See also httpinspirejrceceuropaeu 13 See httpwwwenvironieenDevelopmentHousingPlanningDevelopmentINSPIREDirective 14 See httpinspireeceuropaeureportscountry_reports_mr2012IT-INSPIRE-Report-EN-TRA-

0_DOCpdf

26

Two networks need a special mention in this context as their development is related to the

principles laid out in the Inspire Directive They are both led by the above described

EuroGeographics association

The Cadastre and Land Registry Knowledge Exchange Network (CadampLR

KEN) aims at helping its members to meet usersrsquo needs with regard to cadastral

information at both national and European level The network produced a number

of relevant documents considered in the context of present study Cadastre

iNSPIREd Report15

Cadastre and Land Registry Information Resource16

Cadastre and Land Registry Information Resource 217

Role of the cadastral

parcel in INSPIRE and SDI18

The INSPIRE Knowledge Exchange Network (INSPIRE KEN) is the group

established following the development of the INSPIRE Directive19

Its purpose is

to allow experts to share their experiences on the implementation of the INSPIRE

Directive

In addition to the knowledge exchange networks EuroGeographics association is leading

the European Location Framework (ELF) project which aims at delivering a pan-

European cloud platform and web services for building on the existing work of the

INSPIRE Directive The project brings together 30 participating companies including

national and regional mapping and cadastral agencies software developers application

providers as well as research and academia The project co-funded by the European

Commission was launched in March 2013 and will run for three years

Another spatial data related project led by PCC is the Cadastral Information System as

a resource for the EU policies which provides a set of documentation containing an

overview of the cadastral systems of the EU Member States20

The above overview included developments in the area of land data registration which are

of most relevance when analysing the possible solution for LRI Apart from the projects

listed above however other interesting information sources were identified in the course

of this study The full list of these sources of information can be found in Section 47 of

the report

15 EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011 16 EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March 2008 17 EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July 2010 18 EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007 19 EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5) 20 PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART I (AT BE CZ DE IT SK ES

SE)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART IV (CY FI GR HU PL SI)

27

123 Land Data Specificities in EU Member States

The present section contains an overview of the organisation and content of existing land

registers as reported by Member States Information received during the meetings with

other stakeholders such as EULIS and ELRA is also included as an additional input

For detailed information about national registers and their organisation please refer to

Section 2 of the report

1231 National establishments for land data registration

In the course of the study a high number of specific establishments for registering land

data were identified across the EU It was also found that their distribution per Member

States differs significantly due to registers established at regional level (out of 436 offices

355 of them are located in one Member State in some cases with no consolidation at the

level of a central registers) They include land registers cadastres address registers and

other types of registers In some cases the dual function of land register and cadastre is

embedded into the national registers that are known to perform multiple generic tasks In

addition registers with specific purpose have been reported by Member States created in

accordance to distinct national provisions (eg a purchase price register property tax id

register register of agricultural charges register of sasines or a crofting register)

Depending on how the land data registration is organised in a specific Member State

different national authorities are responsible for the financing and maintenance of

registers The examples are the Ministry of Justice the State Department responsible for

land registration the Geodesy and Cartography agency local courts or the Ministry of

Environment

1232 On-line availability and level of digitisation

The feedback received from the national experts revealed that the vast majority of

Member States provide on-line access21

at least on some subset of data as illustrated in

Figure 2

Figure 2 On-line availability

21 On-line information is considered as data available on Internet

23

5

On-line

Off-line

28

Across each Member State there is at least one land register with fully digitised data

Within a very few Member States the information is not fully digitised However they are

currently consolidating efforts in achieving this objective Thus electronic access exists

today at least for the internal needs of national administrations when registers are not on-

line for external users Therefore the land register digitisation picture in Europe is close to

10022

However the whole land register history and all properties are not always fully

covered mainly because electronic registration started around or after year 2000 in a

number of countries and it was not always possible and reasonable to provide the effort to

digitalise the old historical backlog Access to electronic registers is mainly depending on

policy decisions (each LR authority checking that no legal barrier exists) and on technical

capacities In some cases the register is maintained off-line meaning that the LR

authorities only have access to it In other cases some on-line access is implemented

either to the register or to a specific subset of information extracted from the register for

the general public or for specific categories of professional users like notaries or

geometers

The study revealed that nearly all Member States with electronic off-line or paper based

registers would answer requests from users from other Member States if these are sent

electronically via a standard form in case the register is off-line for external users the

relevant authority would provide an answer by mail (asynchronous way)

When currently proposed by land registers the existing available query forms are written

in the language of the country owning the register (in the case LRI would be based on a

commoninteroperable data structure this should not be necessary anymore)

After the request is received the answer - where not provided on-line - is manually

retrieved by the registrar from an off-line or paper based system and then submitted in a

response to the original request always in the language of the country owning the register

Currently only one Member State with an off-line register does not see the possibility to

provide asynchronous answers to future cross-border on-line requests

1233 Land register and cadastre

As reported on in section 112 two main forms of registering land information coexist in

Europe From a conceptual point of view they are seen as

The land register a public register of rights concerning real property where the

history of transactions (a chain of deeds forging together some evidence) or the

actual title of property itself is registered

22 SI started electronic registration only from 2011 only

In UK EampW only 83 is covered

In ES registration is on voluntary basis and they still keep paper books for the transitional period

MT started electronic registration in 1995 ndash previous records are paper based

In BE deeds are stored only from 2001 and only 50 is covered

In BG electronic registration started in 2009

Similarly EL ndash registration started in 2000

In PL 95

In IE 90

29

The cadastre a systematic description of the land units within an area (mostly

based on maps) and for each parcel providing a unique identification number

location boundaries and surface In addition it may provide information about

owners land classes values and land taxes

The previous experience gained from the EULIS project has proved that having an LRI

that is augmented by information on the boundaries of a parcel of land is a need expressed

by citizens and professionals To illustrate such a requirement it is important to state that

nearly half of the Member States have already integrated their land registers with cadastre

or provide a single interface enabling the communication between these systems The

Study specifications also confirm this need when stating that lsquothe term lsquoland registerrsquo is

used in its broadest meaning for the purposes of this study so a primary goal is to

indicate for each Member State exactly which national register(s) contain land

informationrsquo

Attention should be drawn however to the differences in the legal value of property data a

property title provides legal certainty whereas a picture or a map has no such legal value

(it is a piece of information subject to free appreciationinterpretation) Thus when

communicating information such as location boundaries surface map country planning

or environmental data careful consideration to its value should be given

1234 Title vs Deeds

As already previously mentioned different registration systems are used across Europe

title and deed systems While some Member States use only a deed or only a title system

other Member States use both From the results presented in Figure 3 it can be concluded

that the title systems prevails over the deed systems

The use of different systems in the Member States affects the possible interconnection as

it may lead to different data aggregation framing or presentation requirements it may also

result in difficulties to present a uniform result or offering a uniform search Such

constraints should thus be taken into account when designing the LRI solution

11

12

5

Titles

Titles and deeds

Deeds

Figure 3 Titles vs Deeds in Member States

30

1235 Data availability

After the initial analysis of the information provided by ELRN it was found that the land

data available in the national systems varies in terms of scope structure and format as

well as in the way it is presented and interpreted A minimal set of parameters based on

tests done on the EULIS platform and EULIS experience was considered by the study

team

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

The study highlighted that most registers may provide more than the seven considered

parameters

Figure 4 Data availability in Member States

In spite of the high degree of availability of the selected parameters their significance

should be carefully analysed For example the lsquoParcel IDrsquo can refer to cadastral data

(countries where the registry does not necessarily use the cadastral parcel as a basic unit)

however it can also refer to the national unique property identifier to the property

identification number in the local registry or to a land book identifier The lsquoParcel addressrsquo

data structure also varies in the Member States due to different national standards

Addresses are administered and managed differently in the Member States often by

different organisations and under different laws Although all national or local address

systems share similar concepts and general properties differences exist in formal and

informal standards rules schemas and data models ndash this issue is discussed in depth in the

INSPIRE Data Specification on Addresses23

In some Member States several possibilities

exist for defining the lsquoParcel addressrsquo within a country (eg only a place name used in

rural areas or different rules applicable for rural and urban areas24

)

23 INSPIRE D28I5 INSPIRE Data Specification on Addresses 24 Wikipedia httpenwikipediaorgwikiAddress_(geography)

19

81

Not available

Available

31

Figure 5 depicts the results of the analysis which reveals that commonalities and

intersections exist between data structure and their characteristics across the Member

States A number of registers contain many more parameters than this lsquominimal setrsquo

However as the set is available in a majority of Member States their availability in the

framework of LRI could be considered as a good starting point

Figure 5 Parameters availability in Member States

1236 Search capability

Due to the facts that the four main search fields are present in the majority of land

registers we may consider these four fields a good starting point to make a search form

While the form would be common for all registers specific fields could be shaded if not

used or available in a particular register As Figure 6 depicts 67 of the considered

parameters are ready to be searched in national registers

Figure 6 Searches capabilities

0 4 8 12 16 20 24 28

Purchase price

Encumbrances

Map

Coordinates

Owner

Parcel ID

Parcel address

16 27

28

22

27

26

25

Data Availability

33

67

Not available

Available

32

Figure 7 presents the number of Member States having the available search parameters

Figure 7 Available searches in Member States

It appears that the search by property or parcel ID is the most popular search type

available across the Member States Search by parcel address is available in more than

half of them Some do not offer or apply specific conditions when a search on owner data

is requested

Nearly all Member States share one common search parameter (by lsquoproperty IDrsquo but this

field is variously interpreted) half share two parameters (by lsquoowner namersquo and by

lsquoproperty IDrsquo) and another half share another two parameters (by lsquoaddressrsquo and by

lsquoproperty IDrsquo)

Encumbrances and purchase price when available are useful information to retrieve when

attached to a specific property but using it as search parameters does not appear useful

1237 Language

In general terms search forms and data are available in Member Statesrsquo national

languages In case one Member State uses multiple official languages these are available

in the land registers accordingly (sometimes with the limitation to the applicable region)

Only in several of them a subset of information is additionally provided in English next to

the national language(s) or a translation facility is provided

Consequently in line with the practices applied on the Portal users should be allowed to

select their working language

The query form has to be proposed to a Portal user in the language that heshe has

activated on the Portal (presumably the native language of this user) Validation

messages in case the user entries do not fit with the data structure agreed with the

relevant LR (for example the structure for a lsquoproperty IDrsquo) must also be provided in

this language

The resulting request forwarded by the Portal LRI system should be understood by

the receiving LR

a In the framework of an online web service it is enough if the relevant LR

receives a validated data structure (as agreed for communication between

the Portal and this LR)

0 4 8 12 16 20 24 28

Map

Owner

Parcel ID

Parcel address

15

20

24

15

Search available

Search available

33

b In the framework of an asynchronous answer the LRI must produce a

query form written in the language of the receiving LR allowing human

recipients (members of the LR administration) to understand the request

The answer should be understood by the user

a In the framework of an online web service it is enough if the relevant LR

returns a convenient data structure (as agreed for communication between

the LR and the Portal) This data structure will be presented to the user

inside an answer form written in the language selected by the user

b In the framework of an asynchronous answer the requested LR will

produce an answer form (that will be sent by mailemail) This answer form

should also be translated or provided in the userrsquos language (at least

regarding the field names and all data that are categorised in a limited

number of possible values)

The main issue is related to free-text data that are only available in the original language

but the selected set of parameters contains no (or very few) free text the address (street

name number zip code city) does not need translation The same is true with respect to

the parcel or property ID owner coordinates map and acquisition price Encumbrances

when not reported according to a limited number of categories could possibly be

translated and understood according to an LR glossary

1238 Legal value of provided information

The analysis showed that similar standards exist in attributing legal value to specific

information The examples of distinct practices applied in several Member States are

Information is produced for illustrative purposes only without a formal guarantee

that it corresponds to legal reality

Information reproduces the content of the register at the time of the delivery

however there is no formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a property title

A legal guarantee is provided in the form of a legal certificate at the time of

delivery The certificate can be used in court as a title of property In such cases

the possibilities for providing this in another language will be limited

The analysis revealed that in the majority of the Member States the information can be

provided as a legal certificate (eg sent by mail in an asynchronous way) Furthermore in

some of them when submitting a request the user can specify whether the data should be

delivered in the form of a legal certificate or the request is made for information purposes

only

1239 Registration and authentication process

The analysis of the registration and authentication process in the Member States led to the

conclusion that the most common practise across the EU is sharing information with

registered users only However several Member States provide access to data without

requiring user registration while others allow access to basic data for unregistered users

When some registration is a requirement it is because (in a majority of Member States)

34

information is provided upon receipt of payment without the need to provide a particular

professional certificate

Various technical methods for authentication were identified

User ID and password

Digital signature or certificate

National ID-card

Mobile-ID (the SIM card of a mobile phone works as an identity tool -

implemented in EE only)

On-line bank authentication (implemented in EE only)

Another form of authentication is proving the userrsquos profession (eg notary registered

lawyer property agencies judges and credit and insurance institutions) to access a

specific on-line data file implemented for these profession or more sensitiveconfidential

data

Several observations could be made in regards to national and non-national user access to

the registers In two Member States access to the land registry can be granted only to

national users provided that certain conditions are fulfilled provision of a national digital

certificate verification of the userrsquos account against the e-mail address or submission of a

written on-line application form for each category of users In one of the Member States

access to users from other Member States is decided on a case by case basis

Nevertheless the legal provisions of the vast majority of the Member States allow non-

national users to access their land register data

Figure 8 below shows that only in two Member States the national legislation does not

permit access to the data from outside the national territory

Figure 8 Access to users from other EU Member States

It should be mentioned that in some Member States national provisions foresee

additional requirements to access data (eg the foreign requestor should provide a national

ID card or digital signature) These provisions were however established for the purpose

of additional legal control rather than for imposing obstacles to access the data

The above findings confirm a significant degree of diversity among Member States

regarding user authentication In most cases authentication is simply related to the need

for a payment Authentication for providing access rights of justice professionals is more

26

2

Access allowed

Not allowed

35

complex and depending on national regulation This could be a reason for postponing the

authentication process of professionals to a later phase of possible development (Phase 2)

12310 Access constraints

Regardless of the common data protection standards at EU level the study revealed that

legal provisions in this area vary from one Member States to another

In 9 Member States25

a user has to prove ndash or at least to declare or invoke - a

legitimate interest in order to get access to the land data This interest is an

assumption in many cases owner of the property notary bailiff employee or

public servant acting by reason of his office and institution of judicial

superintendence do not have to declare their legitimate interest

In 18 Member States it would not be currently possible for everyone to search

for information using the personrsquos identification data However when searching

on other criteria such as the address or a property ID it is possible to discover

the owner (this information is available in 27 Member States moreover in 15

Member States search functionality is accessible to everyone whereas in 9

Member States it is available upon demonstration of a legitimate interest)

12311 Payment methods

Most Member States have a structure in place which requires a fee in exchange for data

access Only 4 Member States provide free access to their data In another 2 Member

States some exemptions from payment currently exist (eg applicable for the owner) The

below Figure 9 depicts the current situation

Figure 9 Access fee

25 This information has been collected by the ELRN ES EE EL CY DE BE IE PL RO have reported the

necessity of a legitimate interest However MS are not always explicit regarding this requirement HR and

PT laws states that there is no need to prove a legitimate interest When the requirement is explicit the law

may not detail the exact special evidences or information to be provided in order to prove the existence of a

legitimate interest

22

4 2

Paid

Free

Exemptions

36

It should be noted that generally the provision of service is free of charge for national

governmental organisations whereas administrative structures from other Member States

are generally required to pay a fee

As regards the payment means the vast majority of Member States accept credit and debit

cards and only some Member States deviate from this approach as illustrated in Figure 9

Figure 10 Payment method

The execution time of the payment differs as well with pre-paid payment being the most

commonly used Post-paid payment a subscription and the combinations of these types of

payments (together with a pre-paid payment) were also observed and should thus be

allowed for in a common integrated system

Usually the time of the execution of a payment determines a specific payment means

Pre-paid payment ndash paid by cash or cheque money transfer creditdebit card

Post-paid payment ndash executed via money transfer

Subscription ndash paid using direct debit or money transfer

12312 Rules and procedures for data updating

The study confirmed that depending on national processes the time needed to update the

register may vary Therefore as the time where the information is considered as

reliableexhaustive cannot be predicted in a uniform way each piece of information has to

be delivered with a time stamp taking into account that the situation may change

afterwards Since it does not appear reasonable to keep trace of and update all provided

answers over a long period of time land register authorities limit the answer validity to the

delivery time by convenient disclaimers the excerpt from the land register reflects the

legal status at the moment of issuing and gives legal effect to the excerpt made at that

moment

12313 Participation in a possible pilot project

In the course of the study all Member States were asked whether they would be available

to participate in a possible future pilot project on the interconnection of Land Registers

The objective of the pilot project could be to test and evaluate the solution proposed as the

Phase 1 of Land Registers Interconnection Nearly half of the Member States reported to

17

8

3

CreditDebit

To be defined

Other

37

be willing to participate in such a pilot project and another group of Member States are

open for discussion (eg a positive decision would be determined by the possibility to

receive outside funding etc)

Figure 11 Member Statesrsquo willingness to participate in the pilot

Member States which showed an interest in participating in a possible pilot project

underlined that they see it as a new tool to expand their real estate market Also they

consider it as a possibility to implement and test the integration of national land registry

and cadastre

As the above figure demonstrates 8 Member States would not wish to participate in a

possible pilot however this is mostly due to them being burdened by their current

workloadprojects and therefore this should not be interpreted to mean resistance against

a possible Land Registers Interconnection project

13

4

8

3

Want to participate

Open for discussion

Pilot not supported

No answer

38

13 Business requirements

The results of the Member Statesrsquo consultation have shown that several commonalities are

present amongst them This fact analysed more in depth in the previous section opens the

door to a possible interconnection of land registers across Europe This section of the

report will analyse the main needs that a possible solution could provide an answer for

It is worth noting that a number of potential business cases have been identified based on

suggestions received from the Member Statesrsquo experts

Providing information on burdens (such as buyers or a sellers creditors) that may

affect a given property

Cross boarder insolvency proceedings

Successions - according Regulation (UE) 650201226

LR information should

facilitate the completion of the Certificate of succession when it comprises

immovable assets of the deceased located in a different MS

Exchange of legal data regarding ownership and charges among Member States

(eg see the Brussels Regulation27

and Regulation (EU) No 1215201228

)

In spite of the number of domains where Member States share common practices there

are also diverse approaches that need to be considered From the findings some of the

differences identified cover

Legal context (eg deed vs title systems legal value of the retrieved data)

Conditions under which a land register can be accessed (different level of access

different registrationuser authentication methods service costs)

Scope of the information stored in land registers and data available on-line

Search parameters and the scope of the information retrieved

The purpose for which (taxation or justice) and the way Land Registersrsquo data is

currently being used

Due to these diversities several requirements were identified that the future solution needs

to take into account These are defined in detail further below

131 Processing of data

While the majority of Member States offer on-line access to their land data a few others

still use off-line registers which are available for national administrations only The

search process can be common in all cases (on-line or off-line) When the registers are off-

26 Regulation (EU) No 6502012 on jurisdiction applicable law recognition and enforcement of decisions

and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a

European Certificate of Succession [OJ L 201107 2772012] 27 Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation) [OJ L121 1612001] 28 Regulation (EU) No 12152012 on jurisdiction and the recognition and enforcement of judgments in civil

and commercial matters (recast) [OJ L3511 20122012]

39

line the LR administration acts as an information broker delivering the requested data by

mail or e-mail after checking the legitimate interest of the requester when applicable

Independently of the access mode implementing a common presentation standard for the

query form would be an advantage for facilitating the submission of the query form in the

framework of LRI While the query form could be always submitted on-line this leaves

different options for processing the question and providing the answers (on-line or by

maile-mail)

132 No digital information or off-line information only

One Member State does not have land data available in a digital format even if it may be

considering to have land register services digitalised in the near future In five Member

States the system is not on-line (used internally by the LR administration only) Any

interconnection system should thus also cater for off-line and paper based registers

together with the on-line service

133 Data distribution

Due to the existence of regional registers that are not integrated or consolidated into a

unique database at national level the solution should allow the integration of registers at

different levels (nationally but also regionally) The selection of the relevant register must

be done after selection of the searched region (eg the lsquoLanderrsquo in Germany) Therefore

the solution must clearly inform users which regional register has provided the answer in

any case where the searched Member State has multiple registers

134 Scope and format of data

The land data available in the national systems varies in terms of its scope structure

formats the way it is presented and its legal value including the way it can be used (in

court to purchase a property etc) Any possible LRI solution therefore has to cater to the

existing diversity while providing a harmonised approach

Any solution should support various data sets for each Member State This would allow

compliance with national legislation including the different type of register in use (title vs

deed) In reality this means that various search fields and search responses would be

supported by a LRI Moreover any system would also need to allow for the management

of these search fields (addition removal modification) In order to facilitate its

implementation the search capabilities of a LRI could be implemented gradually

It is foreseen that if a harmonised schema for data exchange ndash a common communication

protocol ndash would be adopted it would simplify data exchange increase productivity and

minimise data waste as well as errors during a possible LRI implementation

135 Land register data vs cadastre data

As previously discussed there are two property registration systems present in Europe

providing different sets of information Due to the availability of new technologies land

register information is nowadays often complemented with supporting information (parcel

description and size environmental data maps pictures territorial planning etc) and in

some Member States the property data are merged with the cadastre and such other

40

information in single systems In other cases however the information is scattered in

different systems and different sets of information are collected Based on experience

from the Member States with an integrated land register and cadastre system users see a

need to complement property related information with additional information on the

property because it is helpful to assess the property value and to prepare a real estate

transaction A system should thus allow even if only in the second phase for the

possibility to find the above supporting data in addition to property and legal status data

Obtaining maps and other available supporting information (without the same legal value

as property data) would provide a more complete and useful picture of the searched

property However in case such supporting information is not merged with the property

related information in a single national file combining access to different files and

aggregating the extracted data in a single answer will increase the complexity and cost of

the interconnection

136 User authentication

The e-Justice Strategy and Action plan adopted by the JHA council and the Strategy on

European e-Justice29

foresee the vision of lsquoa uniform authentication procedure to open up

for members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide for

such a possibility for authentication for non-professionals alsorsquo The Strategy states that

lsquoMembers of the judicial authorities should be given secure access to the various

functionalities reserved for them they should have differentiated access rights and a

uniform or interoperable authentication method should applyrsquo

The analysis performed has shown that implementing a uniform procedure would support

access control and payment facilities of all potential participants in the LRI when relevant

or required easy and uniform registration for accessing information that is available for all

(possibly after providing some justification on the legitimate interest) and payingbeing

invoiced for fees would also benefit professional users thanks to standard query forms in

their native language thanks to the automatic forwarding of the form to the relevant

register thanks to receiving standard invoices In Phase 2 provided a mutual trust

authentication system will be implemented judicial authorities and other professionals

may benefit from differentiated and specific access rights The condition is to cater for the

various authentication and certification processes found in the Member States

Given that professional capacity certification (meaning the act of confirming that a person

is indeed a legal or other professional) is an action that is not necessarily performed by

land registrars a possible solution could also ensure that this activity is carried out by

trusted third parties (eg using the relevant professional organisation or other Member

Statesrsquo administration as a trusted third party) This would imply interconnecting the LRI

platform with third party certification authorities The third party could either be located in

a Member State of the userrsquos origin or in the one owning the register Such a system could

provide a solution to the finding that even when some LR data are available for everyone

for 15 land register systems the Member Statesrsquo legislation requires a specific

IDpassword or other authentication method for professional users categories providing

29 Strategy on European e-Justice 2014-2018 [OJ C 376 21122013 p 7]

41

them a specific (or a more complete) access to land register data With regard to

professional users authentication and the different type of roles associated with those

users there could be different kind of search parameters allowed as well as different data

sets available in the response retrieved

137 Data protection

The existing EU data protection rules (provided for in Directive 9546EC30

and

Regulation (EC) 45200131

as well as other relevant legal instruments) has undergone a

major review process which resulted in the General Data Protection Regulation proposed

in 201232

Personal data means any information relating to an identified or identifiable natural person

(ie the owner of property) even if that person can be identified indirectly (by reference to

an identification number tax-payer number etc) The European Commissionrsquos decision

on the protection of personal data in the European e-Justice Portal33

specifies amongst

others the conditions for storing personal data on the Portal

lsquoNo personal data relating to the data subjects shall be stored in the Portal All

such data shall be stored in the national databases operated by the Member States

or other bodiesrsquo

lsquoPersonal data relating to or provided by Portal users shall not be stored in the

Portal other than in cases where they have signed up as registered users Personal

data of registered users shall be stored until they request the deletion of their

registrationrsquo

It is worth adding that questions formulated by justice professionals should not be

disclosed the fact that the Notary X investigates properties owned by Company Y is

covered by secrecy rules as implemented for relevant professions by national authorities

Disclosing such information (even when it is disclosed by an employee a contractor or a

third party) may be prosecuted34

Therefore data transfer must be secured and should only

be accessed by the authorised recipient

Regardless of common legislation at EU level the study revealed that legal provisions on

the protection of land data vary from one Member State to another (eg the requirement to

prove a legitimate interest or no possibility to search based on identification data) Any

possible solution must respect these different access requirements

30 Directive 9546EC on the protection of individuals with regard to the processing of personal data and on

the free movement of such data [OJ L 281 23111995 p 31] 31 Council Regulation (EC) No 452001 on the protection of individuals with regard to the processing of

personal data by the Community institutions and bodies and on the free movement of such data [OJ L 8

12012001 p 1] 32 Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals

with regard to the processing of personal data and on the free movement of such data (General Data

Protection Regulation) COM2012011 final of 2512012 33 EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014 on the

protection of personal data in the European e-Justice Portal 34 See for example 226-13 Code peacutenal (France)

42

138 Complement to provided information

Resulting from the diverse legal values of information that is available in land registers

and resulting from the possible delivery of data without any legal value (maps pictures

etc) it appears that any answers communicated to users in the framework of LRI must

always be provided together with the necessary disclaimers or the following precisions

Who is responsible for the provided information

What is the legal meaning and value of the data provided

What is the certainty level of the data provided

Until when was the information updated (time-stamp)

How to interpret search parameters and search results (eg property rights)

How to obtain legal output if this is not available on-line

The solution could also have a feature that would inform users in the form of a

disclaimer of the maintenance status of the national register(s) under query (legal

provisions regarding the time requested for updating the register or possibly previous time

periods that are not covered or on which the information is not digitalised)

139 Translation

Any LRI solution will need to be able to provide information in the various EU languages

Such information may include the conditions of the LRI service in a specific Member

State what the user has to know regarding the legal value of information provided by a

specific LR what are the payment conditions per request per property retrieved for

translating the response in another language if available etc

Moreover any disclaimer that is presented to the user should be available in the different

EU languages This is equally true of any standardised material such as a glossary) Such

a glossary is already present in the EULIS initiative A glossary hosted on the LRI

technical platform (a subset of the Portal) must be built as an ontologytaxonomy

establishing the meaning of specific LR concepts across the various jurisdictions

therefore it is more than a simple dictionary

Free text (unstructured descriptions) cannot be translated automatically by the LRI

technical platform mostly for liability reasons the limits of existing automatic translation

tools are well known However when a specific term appearing in a free text field is

present in the LR glossary hosted by the LRI platform this term could be highlighted and

linked to the LR glossary

In addition ndash applicable to asynchronous answers provided by mail after a certain delay

(some hours or days) ndash it was found that some LR authorities provide a translation service

(after payment of a feelump sum)35

The translation of the delivered information is

generally limited to English

35 For example Spain requests a lump sum of euro30 for providing an English translation of retrieved

information

43

1310 Payment system

As detailed in section 55 of the Annexe (Usage costs and payment methods per Member

State) the study gives a complete overview of Member States that provide land register

information for free whereas the majority require a fee For those requiring payment the

various possibilities and payment methods are highlighted in the lsquoProposals for handling

paymentsrsquo (part III) of this feasibility study Therefore a solution for a LRI must include a

payment system

This payment system must cater to the different payments methods used in the Member

States of which credit and debit card are the most common Furthermore the need for

formal and ndash when possible ndash global invoices (eg all fees paid to various registers in a

given period of time) was identified

1311 System implementation

A number of stakeholders have reported that a limited amount of cross-border searches

would lead to a low return on investments Moreover heavy up-front investments were

also found undesirable by Member States especially when some have reported having

limited resources to participate in a possible pilot project Therefore the LRI system

should cater for gradual and voluntary adoption in a first (or pilot) phase

44

14 The way forward

A significant number of Member States have communicated their interest in participating

in a pilot project Some others are open to discussion or did not take any position yet A

minority does not wish to participate in a pilot mostly due to their current workload

burden or because of an on-going land register re-organisation and not due to objections

to the LRI project

The possible way forward includes two main steps or phases for implementing the LRI

system The suggested division in two phases is motivated by the higher degree of

complexity of giving access rights to lsquoauthenticated justice professionals across the whole

EUrsquo (including administrations notaries etc) that would be similar to the access their

national colleagues have to the LR of their home State

The first phase of LRI that could be considered initially as a pilot phase would

present multiple advantages of coordination and integration a common architecture

and single management and maintenance of the technical platform multilingual and

standard query forms better integration inside the e-Justice Portal the possibility to

send one request to multiple registers implementation of an interoperable payment

system This first phase would be targeted to a large public access making it

possible to submit questions on-line and receive answers either on-line or in an

asynchronous way (depending on the policy of the requested LR) It would solve

issues related to the diversity of legal systems translation issues assessment of a

legitimate interest data protection etc These points may require some concrete

work indeed but that work is finally well defined and achievable within the current

legal framework (from the EU and Member States)

The second phase of LRI would be focused on the needs of more specific categories

of professional users including officials from other Member Statesrsquo

administrations in order to make their on-line access possible including their

specific access rights The aim of this phase would be to provide similar access to

all relevant LRs to all lsquousers that need to access LR information in the framework of

their professionrsquo even if they are not nationals of the Member State hosting the LR

This phase would tackle issues which are more serious and complex than those

dealt with in Phase 1 These are mainly related to authentication processes which

necessitate mutual trust and interconnection with multiple professional

organisations and in some cases the necessity for higher guarantees regarding the

protection of personal data

In addition there is one possible alternative (paving the way for a quick win) for Member

States that will not participate in the pilot project

Non-participating Member States could improve and manage their national pages

on the Portal and to link it to a lsquostandardrsquo query form ndash interacting with their own

LR system only Portal users could then fill in and submit these forms to the

national LR Such a system could provide synchronous (on-line) answers when the

national LR system is on-line or - in most cases - at least an asynchronous answer

(off line by mail or e-mail) - eg when the access to the national LR system is

restricted to the national administration which plays the role of human interface and

checks if a legitimate interest exists Such action should be coordinated with the

LRI project in order to present as far as possible similar lsquostandardrsquo query forms in

45

all relevant Member States even if some search fields would be

lsquodeactivatedshadedrsquo when not available in the searched LR

The three possibilities identified above are detailed hereafter

141 Phase 1 of Land Registers Interconnection

As already stated above the objectives of this Phase 1 introduced by a possible pilot

project are as follows

Testing the LRI and solving the issues referred to above

Implementing a real lsquoone-stop-shoprsquo based on a common managed architecture

and linked to a convenient payment system when applicable

Targeting a large public access ie addressing all questions that are not restricted

by specific privileges (working as a certain category of professional) or specific

access rights knowing that this system will also improve the current situation for

professionals

Submitting questions on-line and receiving answers in both on-line and

asynchronous form

1411 Legal diversity

The legal diversity of the different land registers in use in the Member States is an evident

finding of this study It is often presented as a fundamental issue which leads to the

information presented by various registers not being comparable

However the legal diversity and the value of provided information can be quite easily

categorised Clearly this legal diversity points to the important need to provide

complementary information but should not be seen as an obstacle to LRI It simply results

from the difference between the systems used in the various LR organisations ndash a minority

following purely a deed system others a title system and many handling both The LRI

should clearly support all these systems in their diversity through providing succinct but

clear information on the legal value of the information retrieved

The way to clarify the legal diversity is to provide the right information Before using the

service users (even justice professionals) have to know the legal value of the requested

information if it provides the guarantee of a property title if it may be used in court etc

This information can only be provided by the relevant Member State ie on the Member

State-owned Portal pages that will introduce the service and on the page that will present

the answer (or in the mail containing the response in case of an asynchronous answer)

Consequently LRI participating States have to provide property related information with

the appropriate complementary comments and disclaimers and the legal diversity is not an

issue for the Portal itself as a technical platform

The portal can support this process through proposing a standard template to categorise

the legal value

Is the response exhaustive as all land property is registered in the searched LR

At what time and until when is this information valid

46

Are the LR documents you will receive admissible in court as evidence

Are the LR documents you will receive valid as property certificate

Should you buy a property based on the result of a property inquiry through this

service

Can you usepresent copiesprints of delivered responses when selling your

house

Who is responsible for the information provided

How to obtain legal output (admissible on courtvalid as property certificate) if

this is not available via your on-line request

In case a given Member State connects multiple registers to the e-Justice Portal or in case a

question accesses multiple registers the information has to be provided for each register

The disclaimers should not be free unstructured text they should present pre-defined

information subject to translation to the userrsquos preferred language if needed The

categories proposed in Questionnaire 2 were

The provided information is produced for illustration purpose only without formal

guarantee that it corresponds to legal reality

The provided information reproduces the content of the register (X) at the time (Y)

of delivery however there is no formal guarantee that the register is up to date

and corresponds to the legal reality regarding the establishment of a property title

therefore the provided information is not valid as property title and cannot be

used for this purpose

The provided information is a legal certificate It has the state guarantee at the

time (Y) of delivery and ndash according to the condition of the attached disclaimer ndash

it is valid for establishing a title of property

1412 Linguistic diversity

Some Member States reported that they provide interfaces in other languages than the

national one Initiatives such as EULIS present query forms in English Based on the

selection of common search fields a standard query form can be proposed Search fields

not available in the targeted LR can be shown as lsquoinactiversquo or as a lsquoshaded arearsquo This form

like any other lsquostatic informationrsquo provided on the portal can be made available in all EU

languages

The linguistic diversity of provided answers is more problematic as the majority of the

Member States provide answers in their national language(s) only However similarities

between LR systems (titles or deeds) will help presenting information according to similar

templates and therefore will facilitate translation of at least some standardised elements of

the response

The response form if built according to a Portal template can translate all data that are

fixed or that are categorised in a well delimited list of possible values

The fixed fields names titles labels

The fields resulting from a lsquomultiple choicersquo or a lsquoYesNorsquo option

The standard disclaimers or information related to the legal value of the

information

47

On the contrary translating free-textunstructured information is more sensitive Machine

Translation will be available on the Portal but a decision would need to be taken on

providing this service also in the context of LRI For the pilot phase (Phase 1) the data

parameters (address ID owner coordinates map encumbrances price) contain no or few

free text needing translation

Translation and understanding of the answer (eg regarding information that could be

categorised as lsquoencumbrancesrsquo) would be facilitated by providing a specific LR glossary in

the Portal This glossary should be a collaborative work (among participating states) and

should be visible to all (allowing the legal community to contribute with suggestions for

improvements) The glossary must play the role of ontology that helps to understand the

difference between the legal systems These should be reflected linguistically as reported

by Member States a legal concept (as Usufructor Usufruit (France)Nieβbrauch

(Germany)Fruchtgenussrecht (Austria)) may have different meaning due to different

jurisdictions Such differences go beyond language barriers that could be solved simply by

translation

The multilingual LR glossary must work as taxonomy (thesaurus of equivalent legal

concepts providing detailed information) The Portal will be of great support for providing

a technical platform to host such a glossary

1413 Registration of Users (Phase 1)

This is another area where the Portal acting as a one-stop-shop may play an important role

as a facilitator

In the envisaged Phase 1 the user registration system may not provide specific access right

to LR data but will be used to allow users to manage their preferences and to benefit from

the common payment facility The Portal would facilitate connections by providing a

uniform registration process (providing via a specific registration system a User ID and

Password linked with a valid e-mail address) that could be connected to a convenient

payment system

A more elaborated (and complex) registration process should be proposed in the envisaged

Phase 2 especially when there is a requirement to prove and authenticate professional

capacity (administration notary geometer lawyer etc)

1414 Towards a common search form

The standard search form would be a multi-lingual interface which should exist in all

official EU languages (and not only in English or in a limited subset)

This will be possible by focusing the form on an initial minimum set of parameters

(selected among the lsquocandidatesrsquo) by knowing which parameter can be searched in the LR

of all Member States participating in the LRI project

This initial set of lsquocandidatesrsquo includes

Parcel Address

Parcel IDor Property Coordinates (according to the proposed formats)

Property Map

Owner (where this is available for public access)

48

Two other fields will be often available in the response but are not relevant for searching

Known encumbrances

Purchase Price

1415 Personal data protection

The processing of personal data on the Portal is subject to the Commissions Decision of 5

June 2014 on the protection of personal data in the European e-Justice Portal36

This

includes the processing of personal data through a possible LRI In practice this means that

as the LRI platform

The Portal will not store personal data (as if it was the data processor of a database

containing personal data even provided by third parties which are the data

controllers)

The global Portal usersrsquo registration (that is performed at the initiative and request

of each user) would be processed via ECAS (this EU service is external to the

Portal)

On-line answers would be provided by the relevant LRs through the Portal

operating as interfacecommunication network without storing these data

Asynchronous answers (mails from LR authorities to users) will stay outside the

Portals operation (no transitnetworking function)

The main sensitive point is allowing searches on the ownerrsquos name the owner is a search

parameter in 20 Member States but 15 Member States have implemented specific

authentication mechanisms for administration or professionals Disclosing the ownerrsquos

name after searching on an address or a parcelproperty ID (which is in most case a need

when the aim of a request is the processing of a real estate transaction) is less sensitive the

owner is available in the response in 27 Member States It is up to the relevant Member

States and LR authorities to decide if searches and answers containing names would be

authorised

When providing information LRs may add specific disclaimers or instructions concerning

the usereuse of personal data that could be part of the delivered information

It is worth adding that questions formulated by users should not be stored on the Portal In

case a payment system is implemented a reference could be stored (for providing detailed

invoices date relevant LR(s) and reference number of each request)

1416 Legitimate interest

Under 9 national practices or laws (eg in Germany Belgium Spain Sweden) access to

land registers is not granted unconditionally but only in case the user has a legitimate

interest for such access

36 Commission Decision of 5 June 2014 on the protection of personal data in the European e-Justice Portal

(2014333EU) [OJ L167 662014 p58]

49

Due to the high number of requests the results of this study suggest that LR authoritiesrsquo

decisions regarding this lsquolegitimate interestrsquo are not in practice always based on a

systematic inquiry or verification

Two main cases may exist

When the user is a justice professional (or a notary a geometer a credit institution

acting in the framework of its profession) the legitimate interest could be

assumed

In other cases the legitimate interest must be declared by the user for example

a The requestor is the owner of the parcel and wishes to check its legal

status

b The requestor is the owner of a parcel and wishes to know who is

their neighbour

c The requestor wants to purchase the parcel and wishes to know who

the owner is

In a minority of cases the LR will request for more justification or reject the request

Impact on the LR query form As soon as a Land Register requests justification of a

legitimate interest the LR query form must include a corresponding section This may be

facilitated by proposing a multiple choice form such as this is done for example by the

application provided in Spain (lsquoRegistradores de Espantildearsquo)

Figure 12 Example of declaration of legitimate interest

When a legitimate interest has been declared it is good practice that the delivered response

reproduces the declaration For example

Several points should be considered in this context

The Portal standard form may help to clarify the lsquovaguersquo notion of legitimate

interest by proposing an appropriate list of cases or conditions

LEGITIMATE INTEREST CLAIMED

Legaleconomic investigation on credit insolvency or

responsibility

Legal investigation on object ownership or limitations

Investigation for contracting or mediation of shares

The applicant is the registered owner

Other to be specified hereafter

50

This will not be lsquobindingrsquo for the requested LR the decision to deliver (or not) an

answer may always be related to requesting more explanation related to the

legitimate interest in case of doubt

The request for legitimate interest is not an obstacle for LRI but providing more

detailed justification about this interest is more difficult when interacting with

users from other Member States or third countries (using other languages)

Therefore the relevant form must be detailed enough and validated by the Land

Register requesting a legitimate interest

The requirement to justify when needed a legitimate interest does not necessarily

imply that the Portal userrsquos question must be processed off-line in an

asynchronous way if the declaration is replicated as a part of the delivered

response this makes some verification at the time the response is used possible

(eg presented in court) However as long as relevant LR authorities must take the

time to check the reality of a legitimate interest and ndash when appropriate ndash to

conduct further investigation off-line processing will be necessary

For professionals as long as a professional authentication system is not

implemented the form should be complemented by specific declaration allowing

LR authorities to assess (and possibly investigate) when a legitimate interest exists

(for example for searching on the owner)

lsquoI declare to be Notary X acting for professional reasons address xxx e-mail yyy

telephone zzzrsquohellip

lsquoI declare to be Civil Servant X member of administration AAA in Member State

BBB acting in conformity to national law address xxx e-mail yyy telephone

zzzrsquohellip

1417 Paymentproof of payment

Most Member States have a payment structure in place which requires some form of a fee

pre-paid or post-paid in exchange for access to the data Subscriptions are a less used

alternative Several Member States provide free access to the data Therefore any common

Land Registers Interconnection system must consider payment in its design

At the very least pre-paid and post-paid methods must be provided for in a common

integrated system However in order to increase acceptance a subscription method should

also be offered

Regarding the means of payment the vast majority of Member States accept both credit

and debit cards and only some of them deviate from this approach Any future integrated

system should therefore also provide for the most common means of payment ie both

credit and debit cards

The use of a payment service has to be optional as in some Member States access to the

land data is free Due to the fact that some national systems do not process cross-border

payments there is a need to provide a common LR payment system calculating costs

based on information provided by the target land register Cost calculations should be

conducted per service (eg single search) andor per user (subscription)

The payment systems should provide invoices ndash they are needed by professional users to

deduct these expenses The functionalities and possible options regarding this payment

system are analysed in detail in Part III of this feasibility study

51

1418 Receiving a response

14181 Providing a response

Responses can be transmitted on-line or off-line (in an asynchronous way) This last option

appears to be the most appropriate for those Member States that want to check carefully the

legitimate interest of the requestor or for others that wish to deliver a formal property

certificate signed by the register authority and committing the liability of the

administration

In case a Member State has to extract information from several files such as in France

(except in the three departments of region Alsace and Moselle having a single property

register) where a common key (which is the cadastral parcel Nr) can be used for accessing

property data (in the FIDJI system providing access to multiple property registers) and for

accessing cadastral data (in the MAJIC system providing access to multiple cadastres) the

possible solution is that the receiving point of contact will dispatch the request to the

relevant register(s) In Phase 1 these Member States will most probably provide

asynchronous answers only

14182 Understanding the content

Regarding the language it is recommended to maximise the use of pre-defined categories

and fixed fieldrsquos labels reducing the proportion of free text to the minimum possible As

previously mentioned all labels and pre-defined categories may be translated

automatically Since the free text would not be translated automatically a specific

multilingual LR glossary should be implemented to support it All glossary terms when

used in the response must be highlighted allowing users to get more information on the

possible meaning of the term depending on the jurisdiction

The standard fields for responses (when available) are

Parcel Address

Parcel ID or Property Coordinates (according to the proposed formats)

Property Map

Owner (when this is available for public access)

Known encumbrances

Purchase Price

14183 Understanding the legal value and possible use of the response

The understanding of the legal value and possible use of the response can be supported

through a pre-defined set of hypotheses and standard disclaimers as explained in Section

1411

1419 Land Registers Interconnection platform

The principal development to provide in Phase 1 would be the common LRI platform

integrated into the Portal as a new service Several technical alternatives or architectures

are possible for developing this platform including the reuse of all or part of existing

projects These alternatives are discussed in detail in the Part II of this feasibility study The

52

platform should be based on a common communication protocol ndash a harmonised data

exchange mechanism with a set of rules governing essential aspects of the LRI exchange

These can be such as the format of the information exchanged harmonised schemas for the

data exchange the processes supported etc The purpose of the service is to make land

information accessible in a more standardised way in terms of

Communication means (implementing web services from the portal to the various

participating LR administrations)

The process for accessing the data covering all necessary steps to be executed in

order to retrieve the data taking into account that not all steps of such a process

have to be applicable in each Member State

The presentation of the data

The Security measures for the protection of the data exchange

The technology used for the data exchange

Such a service will not only make the Land Registers Interconnection possible but as the

initial set of available parameters will still not be available in all Member States and as the

need for receiving more data should rise progressively it should facilitate a possible future

harmonisation of land data exchanges

14110 Implementation of a Phase 1 pilot system

Important factors in the realisation of the LRI project are the willingness of the Member

States to participate in a Pilot project allowing volunteer users to test Phase 1 of the LRI

model the efficiency of the provided architecture (as proposed in part II of this study) and

the payment system (as proposed in part III of this study)

As mentioned before the majority of the Member States are willing to participate in a

possible Pilot project or are open for discussion The other Member States have clarified

that their LR system is currently in the process of being redesigned or that their ICT

capacities (the server answering to on-line requests from their national professional users)

are already lsquonearly used at 100rsquo but this type of issue (upgrading memory processors or

bandwidth) does not look to present a fundamental barrier for most ICT specialists

The realisation and implementation of a Pilot project and the delivery of an evaluation

report is therefore recommended as a next step

14111 Land Registers Interconnection as a test platform

It was found that functionalities similar to the ones needed for a possible LRI could be

reused in other projects managed by the European Commission such as

A common payment system

An authorisation system which takes professional capacity certification into

account

53

For example similar needs exist in the project developing a Business Register Information

System (BRIS) managed by DG MARKT of the European Commission The aim of BRIS

is to interconnect central commercial and companyrsquos registers in the EU according to

Directive 201217EU37

Therefore the LRI pilot could be considered as a useful test platform in those domains The

value of the development effort would be multiplied if the implemented solution is reused

in other projects

Also the approach taken for resolving the issue of the diversity for Land Registers

Interconnection could be applied to other similar projects

142 Phase 2 of Land Registers Interconnection

The purpose of the LRI Phase 2 would be to progress towards making more on-line

searches in national land registers accessible and making them available to professional

users from other Member States under the same conditions as these searches are available

nationally

Therefore the characteristics of a Phase 2 could be

More focus on on-line research (bringing the LRs that were still off-line during

Phase 1 to deliver synchronous answers and therefore to reduce the administrative

burden due to the manual processing of requests)

Assigning specific and appropriate access rights to professional users including

the members of other Member Statesrsquo administrations

This Phase 2 can be introduced progressively the LRI system should be flexible and it

could be that some Member States will improve the quality of the on-line interconnection

already implemented in Phase 1 while others will switch to synchronous answers in Phase

2 and a remaining group will still prefer to deliver asynchronous responses only

The main issue that Phase 2 must solve is the requirement for professional users to prove

their professional capacity (notary lawyer etc) in order to be considered by the Member

State hosting the LR as if they were similar professional users from that Member State

The issue results from the fact that the Portal will not lsquoauthenticatersquo a user (ie as a Belgian

notary as a French geometer etc) To obtain such authentication it is needed that the

Portal requests a confirmation (ie an electronic certificate) from the relevant professional

body that is competent (in Belgium in France etc) to deliver such authentication In

addition it will be requested that the connected register recognises (has accredited has

trust in) this professional body as a legitimate and reliable source of authentication Last

but not least the authentication (or token certificate) must be delivered at the time of

submitting the query (and not earlier or at the time of registration because someone who is

a notary or a geometer today may resign the day after and not fulfil the conditions

anymore) Member States that have implemented specific on-line access for legal

37 Directive 201217EU amending Council Directive 89666EEC and Directives 200556EC and

2009101EC as regards the interconnection of central commercial and companies registers [OJ L 2012

13062012 p 156]

54

professions (eg France when providing access to the SPDC ndash Serveur professionnel de

Donneacutees Cadastrales) work in close connection with professional organisations The

process may be simplified by providing access to a lsquolaw firmrsquo (Notarial office or cabinet

or lsquoeacutetudersquo) the firm is indeed more lsquostableperennialrsquo than individual members and will be

responsible for providing access rights to staff members

It is easy to understand that such an interconnection is more complex to implement and

therefore requires a Phase 2

In addition to the interconnection with Land Registers the system must

interconnect with the relevant Member Statesrsquo administration or professional

organisations entitled to certify the professional use

The Phase 2 system is focused on a fully automated on-line service

As regards other questions all the lsquoacquisrsquo of Phase 1 will be usable in Phase 2 and this is

the reason why the two phases could co-exist

The process to implement would be as follows involving three components or lsquoactorsrsquo (as

explained in Questionnaire Nr 2)

The user located in a Member State A

The Portal (as the one-stop-shop platform and technical facilitator)

The investigated Land Register(s) located in Member State B (and possibly C D

E etc)

All Member States that participate in the Phase 2 service (including Member State lsquoBrsquo)

manage their own lsquoLRI service pagesrsquo on the e-Justice Portal (static information they

provide in order to inform users about available services and conditions) The Portal

provides translations of these pages A professional user from Member State lsquoArsquo (ie a

notary) registers on the Portal entry point and after readingagreeing on static

informationconditions provided by (one or more) Member State lsquoBrsquo asks for access to

Member State lsquoBrsquorsquos register(s)

When the professional character of the request needs to be authenticated (according to

Member State lsquoBrsquorsquos conditions) the portal requests authentication from the userrsquos home

state A (or professional organisation)

Figure 13 Implementation process

55

Member State lsquoArsquo (the government or the relevant professional organisation) confirms (or

not) that the user has at that time a specific role (ie is actually a notary a geometer a

person acting under professional secrecy) (If step 3 is true) Authentication is forwarded to

relevant Member State lsquoBrsquo(s)

Member State lsquoBrsquo assesses compliance according to an automated process (eg if step 3 is

true if the role is compliant with Member State lsquoBrsquo conditions) and decides to authorise (or

to refuse) access according to its own conditions When authorisation is given the user

fills in the appropriate query form and the relevant available land register communicates

the information The information is always communicated together with the applicable

disclaimer legal value conditions of use (as written by the providing Member State lsquoBrsquo)

Reusing the acquis of Phase 1 the Portal will facilitate the understanding (eg standard

translation of the provided information in so far these conditions are known in advance)

In case there is some fee to pay the electronic payment system implemented during Phase

1 is used (this could be done outside the e-Justice portal according to the appropriate

international payment standards)

143 Functionalities summary ndash progressive implementation

On the basis of the above recommendations in case a one-stop-shop LRI should be

implemented via (or in the framework of) the Portal the following functionalities were

identified

1431 Phase 1 functionalities

Registration ndash making possible for users to get registered (simple registration evolution of

the current one ndash target use of the payment system)

Improvements of static information ndash all interconnected registers have to clarify what

information should be provided to users before they use the service and what the legal

value of the information provided is

Search ndash the core use case of the system responsible for the execution of searches display

of relevant disclaimers information about land data cost of the search(es) and the final

response(s) The search form must be complemented by the declaration of legitimate

interest when requested

Translation of all fixed fields titles labels multiple choices legal value of information

ndash in search and response forms

Glossary - a multilingual taxonomy or LR terminology + highlighting lsquoglossary termsrsquo in

portal information

Payment ndash allowing submitting payment (pre-paidsubscription or post-paid) and

maintaining for each user its payment historyaccountinginvoices

Disclaimers management ndash enabling the management of disclaimers information about

land data and their translation to all EU languages

The improvement of static information (as described in the quick-win alternative scenario)

must take place in all cases because any LRI system must include both information pages

56

(describing the conditions for using the service the legal value and possible uses of

delivered information) and dynamic interaction (query form validation of entries provided

answers)

The elaboration of a one-stop-shop LRI platform could be performed by solving technical

interoperability and non-fundamental issues in order to allow the broad public to submit

queries that will be answered synchronous or asynchronous These issues are

Diversity (providing the correct information)

Terminology (the support glossary)

Legitimate interest (additional declaration form)

Payment system

1432 Phase 2 functionalities

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisation to certify users according to their profession (building a lsquocircle of

trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs as if they

were nationals of those other Member States

Access management ndash allowing a Member State to authorise access to the LR data

according to the submitterrsquos profession

In order to limit implementation costs it is suggested that Phase 2 provides for a gradual

implementation of the Land Registers Interconnection for professional users It should take

place with regard to authentication authorisation searches professional capacity

certification and payments without ignoring business needs Beyond the need to reach

common standards regarding the quality of justice overall in EU (for example when it is

about delivering rapidly a European Certificate of Succession or when enforcing decisions

in matters of matrimonial property regimes) the business needs will be considered when it

is about facilitating real estate transactions obtaining credit etc professional LR

interconnection with Member States where the highest number of real estate transactions

are operated will provide more return on investment from the economic point of view)

144 Alternative improving the Portal information (national pages)

This alternative is recommended for a Member State that will not participate in the LRI

pilot or as a preparationwaiting solution Improving the Portal information pages must be

done in any case (also when participating in LRI Phase 1 and 2) Indeed any LRI system

will always provide a mix of general (or lsquostaticrsquo) information (the service conditions the

way to proceed the legal value of provided information) and interactive (or lsquodynamicrsquo)

interaction This could be achieved by proposing to these Member States to make available

on their own LR system a standard query form in English which entails some mandatory

and optional fields that the user has to fill in for submitting a query and when possible for

obtaining an answer

Currently the e-Justice portal provides only static information regarding the national land

registers all Member States (except Croatia) have provided their national page However

57

in a majority of them the page simply reports the basic information on the land register

who manages it etc without always providing clear instructions on how to formulate a

query

In about 30 of the cases there is an obvious link to a search form to submit which may

be depending on a preliminary registration (obtaining an IDpassword in case the use of

the system is depending on the payment of a fee)

Figure 14 Portal search links

All Member States do have a LR system Nearly all of them (except LU where the process

seems ongoing) are digital systems however online access sometimes is reserved to the LR

administration only (using the database for answering questions from external requestors)

All systems should accept at least asynchronous requests when the database is not on-line

the competent administration is answering by mail (or e-mail) after checking whether the

appropriate conditions have been met

In order to make the submission of LR requests possible the simplest way for a basic one-

to-one interconnection could be organised in a few steps

Providing in the Portal national (Member State) pages at least the information on

lsquohow and where to submit a queryrsquo

Providing a basic query form (and a registration form when applicable) in English

in addition to the national language(s)

Validating the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line

the answer being provided after a delay (needed for checking conditionsverification

etc)

This lsquoquick-winrsquo alternative improvement includes no harmonisation of technical

infrastructure (each Member State maintains its form) However the form could be

elaborated based on a lsquogood practice templatersquo proposed by the European Commission and

similar to the LRI template This requests no Portal architecture modification (each

Member State updates its own LR national page) and no coordination regarding the

payment processes (when applicable each Member State proposes its own payment

facilities selection that exists currently based on the use of creditdebit card andor on a

system of pre-payment)

28

18

54

Easy link to search form

Indirect link (after navigation)

No clear intructions

58

An example of lsquogood practicersquo (combining static and dynamic information) the UK

(England) site httpwwwlandregistrygovukpublicproperty-ownership

Before you use this service

The documents you buy online are not admissible in court as evidence

For this you will need to order official copies of the title register andor title plan by post

You will be asked to register once you are ready to purchase

To order you will need a valid debit or credit card a valid email address and Adobe

Acrobat Reader

The service will only provide details of land and properties that are registered It will not

reveal certain non-residential registered titles such as tunnels pipelines mines and

minerals and airspace leases

Search with full address

Search without full address

Similarly the national web site lsquostatic informationrsquo could address the most basic questions

from users as follows

Figure 15 Example from the EnglandWales website

59

The following advantages could be identified

The improvement needs no common technical platformharmonisation (outside

the current Portal and a link to create in the relevant national page)

It is compatible with both synchronous and asynchronous (off-line) access

It could be based on lsquorecommendedrsquo templates (ie similar to the Phase 1 LRI

template possibly validated by the e-Justice working party)

The Commission may provide some support for translation of forms and static

information

Some national systems (for example Spain with the application lsquoRegistradores de

Espantildearsquo) have already implemented good quality query facilities (including an

interface in English)

There are however several issues related to this alternative solution

This approach is not leading to a lsquoone stop-shoprsquo based on a unique architecture

but is a system of links leading to the relevant LR interface (this is not matching

the Portal objective which according to the e-Justice action plan recital 31amp33

states lsquothe Portal cannot merely be a collection of links but should implement a

one stop shop service for justice providing access to national functionalities by

means of a user-friendly multilingual interface making them understandable to the

European citizensrsquo

There is no common registration system (users must process registration in each

Member State meaning that an additional registration form should be provided)

This approach enables answering to requests from lsquoeveryonersquo (the broad public)

when the request is focused on property data (address or parcel number) but it

will be much more difficult to open the way for providing to professional users

the same conditions under which these searches are available nationally for

registered justice professionals (eg authenticated notaries with direct and

exclusive on-line access to their national system) The access management could

be discriminatory or based on bi-lateral agreements (eg permitting searching on

personal data lsquoall properties owned by Xrsquo) Therefore a fundamental objective

stated in recital 32 of the e-Justice Action plan may not be addressed (lsquothe Portal

will permit by means of a uniform authentication procedure to open up for

members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide

for such a possibility for authentication for non-professionals alsorsquo) At the

contrary the Phase 1 approach that is based on a common platform (the Portal)

where the implemented architecture must support the multiple interconnections

needed will open the way for progressive implementation of Phase 2

Requesting from Member State some template-based interface in a lsquolingua francarsquo

(ie English in addition to national language(s)) is politically sensitive

The use of each national system separately means no possibilities to cover lsquonrsquo

Member States with a single query when it could be neededapplicable

The advantages of a commoninteroperable solution for payments (that may

include a global accounting of all requests global invoices for fees due to all

participating registers etc) are absent

Translation of provided answers remains an issue (in so far as and as long as

answers will be provided in the registerrsquos native language) However one existing

60

national site (Registradores de Espantildea) proposes translation of the provided

information according to a fee per line or for a lump sum

Other national sites could adopt a similar policy (providing translation for a fee to

combine with glossaries for the translation of fixed forms labels multiple choice

options standard disclaimers etc)

61 279

2 Part II Architecture Overview

21 Introduction

211 Purpose

This lsquoArchitecture Overviewrsquo document is a draft revision of the contractual deliverable

produced in the scope of the lsquoTask no 2 ndash Technical implementation analysis with

alternativesrsquo of the Land Registers Interconnection ndash feasibility and implementation analysis

It presents the current understanding with the prospect of further evolution and fine-tuning

as analysis progresses and additional information becomes available

This document has been drafted with the intention to communicate to its reader a conceptual

understanding of the architectural goals provide a high-level vision of the architecture

alternatives and their scope and evaluate the advantages and disadvantages of each

architectural approach Furthermore this document aims to ensure that there is a single

authoritative source for communicating key decisions made about the architectures proposed

in the context of this feasibility study

212 Scope

The scope of this document is to define clearly and in detail each architectural alternative to

allow project stakeholders to decide whether it is technically feasible to implement the Land

Registers Interconnection Network Thus it is in the scope of this document to

Provide a detailed description of the architectural decisions drawn including their

justification alternatives that have been considered and other relevant information

Monitor the status of the architectural decisions

Identify (where applicable) additional requirements or constraints introduced by the

architectural decisions

Provide a clear overview of each alternative within which all architecture-significant

elements are identified

Describe these architecture significant elements and other relevant key concepts in

detail (for example the common communication protocol)

Estimate performance volumetric and resilience requirements

Identify and address concerns relevant to protection of personal data and security

Sketch a potential migration and roll-out roadmap between the alternative architectures

Provide an indicative cost estimate for each alternative

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of each alternative In particular it is not in the scope of

this document to provide

A detailed specification of the common communication protocol to be employed

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

62 279

A detailed fit-gap analysis establishing the actions required so as to integrate EULIS

into alternatives 2 or 3

A detailed security analysis for the proposed alternatives

213 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo

In addition the readers of this document should have an understanding of EULIS v20 and its

capabilities

Please note that this document is primarily intended for software architects and analysts

However the format and language used remains conceptual and does not require additional

technical knowledge

214 Overview of the document

The current document is structured according to the RUPEC v50 methodology and based

on the template provided by the European Commission

However in order to properly address all concerns and requirements that have been raised in

the Technical Annex lsquoLand Registers Interconnection ndash feasibility and implementation

analysisrsquo the pre-defined sections of the document have been revised as follows

Compliance and Re-usable Architectural Assets sections are maintained as such and

cover their pre-defined aspects

Information System Description is reduced so as to provide the information elements

relevant to this study In the original template this section includes several sub-sections

that allow the clear definition of a system with existing technical assets and to

specifically define several quality elements (such as a requirements on a systemrsquos

performance resilience etc) Some of these elements (in particular the performance

aspect) are covered in sections lsquoPerformance and volumetric estimationsrsquo and

lsquoSolution resilience concernsrsquo

Architecture overviews provides the goals of the proposed architectures as well as the

architectural decisions driving their design it contains high level architecture sketches

for all three alternatives explored in the context of this study furthermore it provides a

detailed explanation of the elements appearing in all three solutions For each concept

explained its notation from the preceding diagrams is also presented to further

facilitate the readerrsquos understanding In case a concept is not relevant for all

architecture alternatives a clear demarcation is added informing the reader to which

alternative the concept is relevant

The following sections have been added

Alternatives evaluation which presents the perceived advantages and disadvantages

of each architectural alternative

63 279

Detailed cost estimation which establishes a baseline of effort for implementing

supporting and extending each alternative explored and based on these estimates

provides cost estimation for each

Migration approaches which explores the approach to be followed from migration

from a given architecture to another (based on the migration choices set on the

Technical Annex)

Performance and volumetric estimations which provides volumetric estimations

according to the information provided by Member States in Questionnaire n 3 and

establishes a set of performance requirements relevant to all alternatives

Solution resilience concerns which identifies the expected resilience of the system

and establishes requirements relevant to this subject for all alternatives

The following optional sections have been removed (as non-relevant) in the context of this

study

Document Management Compliance

OLAF Compliance

22 Information System Description

221 Information System Position Statement

For The EJP users (citizens businesses legal practitioners and the

judiciary) in the domain of Justice

Who

Need to acquire information relevant to Land Registers using the

one-stop-shop entry point to information already provided by the

EJP related to Justice at European and national Member State

levels

That Provides land registers related information and access to online

procedures

Unlike The various existing websites and systems which are available in

limited languages and support queries only to specific countries

Our Information

System

Aspires to provide different groups of users with a single entry

point in their language for all land registers related information

and online procedures

23 Compliance

231 Data Protection Compliance

In regard to Personal Data the architecture alternatives analysed in this document are

designed so that the Portal and any other component managed by DG JUST in the context of

LRI does not permanently store any personal data

It is expected however that the Portal may process such data as for example when submitting

a query containing personal data to its intended recipient In addition if it is deemed required

for technical reasons the Portal may temporarily store such data within the end userrsquos

session in which case the data are to be removed once the session is invalidated (eg when

the user logs out) or expired

64 279

24 Architecture Overview

241 Architectural Goals

The proposed architectures have been drafted with the following goals in mind

The criteria set for each alternative in the projectrsquos lsquoTerms of Referencersquo (see REF1)

are observed

The high level Business Case described in the lsquoConsolidation and extension of the

existing business analysis reportrsquo (see REF3) can be realised

The proposed solutions are flexible so that it may be possible to extend them if needed in the

future

The level of participation can be extended from the one achieved in previous efforts

242 Architecture Decisions

2421 Architecturally Significant Requirements

The proposed architecture alternatives presented later in this document conform to the

following requirements which have been identified in the conclusions drawn in REF3 Please

note that the intention is to define the high level requirements to which any of the architecture

alternatives must comply with in order to achieve the goals set earlier in this section

It is not the intention to provide a detailed set of architectural requirements that may be

immediately used for developing any of the proposed alternatives indeed it is expected that

in case the LRI progresses into development further detailed analysis will be required before

development can commence

ID Requirement Description

AR-001 Search capability The main goal of the LRI is to enable its end users to submit

queries relevant to Land Registers information to all

Member States participating in the interconnection

AR-002 Harmonisation In order to achieve the high level Business Case it is

important to ensure that the interconnection participants use

a common protocol of communication and the information

exchanged can be understood by its recipient regardless of

the information source

AR-003 Single entry point In the spirit of lsquoone-stop-shop for judicial mattersrsquo that the

European e-Justice Portal builds upon all services provided

by LRI to its end users need to be exposed through its

graphical user interface

AR-004 Support for

diversity and

gradual roll-out

One of the most important conclusions drawn in REF3 is

that the business landscape is quite diverse in various aspects

(quantity of information quality of information constraints

of accessing the information fees required etc) With that in

mind it is important to support this diversity while at the

same time ensuring that the maximum level of

harmonisation (AR-002) is achieved

65 279

ID Requirement Description

Furthermore given the varying levels of technical and

functional capability of the potential participants the

proposed solutions need to also consider an approach for

gradual roll-out

AR-005 Access Control The proposed solutions need to support the access control

policies of all the potential participants which range from

public access (ie no access control to the information) to

access allowed only to specific professionals

AR-006 Payment for

rendered services

As identified in REF3 the majority of Member States that

responded in the LRI questionnaires require a fee for the

services they provide Given that and in the spirit of AR-

004 the proposed solutions need to foresee that in addition

to any other access control policies a participant is enabled

to implement a payment scheme and control access to the

provided information according to it

AR-007 Personal data

protection

Given the nature of LRI it may be the case that its end users

use information that leads to the identification of a single

individual (such as his forename surname etc) With that in

mind the proposed solutions need to be designed in such a

way so that information that can be categorised as lsquopersonal

datarsquo is protected Table 2 Architecture significant requirements

2422 Architectural Constraints

The following constraints have been identified

ID Requirement Description

AC-001 DG JUST to only

act as facilitator

One of the most basic constraints to be taken under

consideration for any architecture alternative is that DG

JUST acts only as a facilitator of the LRI Thus the

proposed solutions should not foresee processes or assets

that require DG JUST to take direct actions in place of a

participant (eg validate a payment identify the profession

of an LRI end user etc)

AC-002 LRI only supports

information

dissemination

The main intention of the LRI is to provide an entry point

that can be used by interested parties to submit queries for

Land Registers information to LRI participants It thus must

be stressed that it is not the intention to facilitate additional

actions relevant to the manipulation of the provided

information such as submissions of updated information

either between participants or between a participant and an

end user

AC-003 Re-use of existing

assets

Several of the problems tackled by the LRI architectures

share similarities (or are the same) with the ones solved

already by previous projects of the EC Given that it is

important to take such assets under consideration regardless

of their nature (eg technical such as the EULIS Platform or

the INSPIRE directive)

66 279

ID Requirement Description

AC-004 Choice of

technology

Even though it is not in the scope of this document to

precisely define technical assets (as in explicitly define a

particular library database or operating system) it is

required to identify the technological basis upon which the

proposed architectures can be developed With that in mind

it is important to ensure that this technological basis

represents the lsquolowest common denominatorrsquo of the

technologies supported by the potential participants of the

LRI In addition it must be ensured that the technology basis

is composed of components that do not introduce licensing

concerns (eg the technology base should consist mainly of

open source components) Table 3 Architecture constraints

2423 General Findings and Recommendations

The following table summarises the architectural decisions that have been drawn during the

development of the various alternatives These decisions steered the proposed solutions and

take under consideration the goals requirements and constraints expressed in this document

as well as feedback received from the various stakeholders

ID Subject Area Decision Status38

Last Update

AD-001 Interconnection

Architecture

The interconnection

architecture to be followed is

semi-centralised based on a

star topology where a central

hub is used as the medium for

exchanging messages with

participants

In addition some central

components are put in place

to further facilitate message

exchanges

Important tasks such as

authorisation to access

content certification of a

userrsquos professional capacity

DM 06052014

38 The following codes indicate the status of decisions

DM ndash decision made The decision or recommendation has been made having weighed up the

alternatives and stated the justification

AD ndash awaiting decision All information has been gathered to make the decision but no final decision

has yet been made

AI ndash awaiting information More information is needed before a decision can be made

67 279

ID Subject Area Decision Status38

Last Update

(when required) payments

handling etc are expected to

be handled by competent

entities (including

organisations authorities etc)

that may act as peers in the

interconnection

AD-002 Communication

protocol

In order to implement a semi-

centralised interconnection a

common communication

protocol using SOAP-based

web services and supporting a

versioning scheme facilitating

gradual roll-out will be

defined

DM 01072014

AD-003 Communication

mode

The communication mode

used for information

exchanges will be a hybrid

mode using synchronous

communication for technical

calls whereas functional

responses may use either

synchronous or asynchronous

calls

DM 01072014

AD-004 Professional

Capacity

Certification

The professional capacity

certification of an LRI end

user when required is

carried out by a competent

entity with the facilitation of

EJP and using the Land

Registers Interconnection

peer available in the Member

State of the user

In order to certify the

Requesterrsquos professional

capacity the users Member

State of origin will have to

perform a registration

process Once this process is

completed the Requesterrsquos

Member State of origin is

enabled to certify the users

professional capacity when

requested by the EJP using

as input an attribute of the

Requesterrsquos ECAS account

(eg his e-mail)

DM 06052014

AD-005 Query Each participant of the LRI DM 01072014

68 279

ID Subject Area Decision Status38

Last Update

Authorisation provides the LRI Hub with an

authorisation scheme for

query submissions This

scheme is used by the LRI

Hub (and subsequently the

EJP) with the intention to

identify what query

parameters are available

what information is provided

by the participant in response

along with any additional

requirements that the

participant may set in order to

accept a query or provide a

response (eg specific

professional capacity

payment etc)

This process is modelled as

part of the common

communication protocol and

is carried out automatically

AD-006 Information

Structure

Standards

The structure of the

information to be exchanged

between LRI participants and

the LRI Hub is modelled in a

way that takes under

consideration as much as

possible the appropriate

thematic data specifications

and dictionaries of the

INSPIRE directive however

the intention is not to create a

data structure that is fully

compliant with or directly

depending on INSPIRE

DM 01072014

AD-007 Authentication

of an LRI end

userrsquos

professional

capacity

The LRI end userrsquos

professional capacity is to be

authenticated using a digitally

signed token provided by a

competent entity

At a minimum this token will

be signed using an X509

certificate issued by a trusted

Certification Authority

DM 01072014

Table 4 General architectural findings and recommendations

69 279

24231 Architectural Decision AD-001

Subject Area Interconnection Architecture Topic Interconnection

Architectural

Decision

The interconnection architecture to be

followed is a semi-centralised architecture

based on a star topology where a central hub

is used as the medium for exchanging

messages with participants

In addition some central components are put

in place to further facilitate message

exchanges

Important tasks such as authorisation to access

content certification of a userrsquos professional

capacity payments handling etc are expected

to be handled by competent entities (including

organisations authorities etc) that may act as

peers in the interconnection

ID AD-001

Issue or

Problem

Statement

Given its nature the Land Registers interconnection falls under the category

of Enterprise Integration projects In this category different architectural

approaches exist each with its own benefits and shortcomings It is thus

important to identify candidate architecture paradigms and to decide which

is the most appropriate for the Land Registers Interconnection

Assumptions No particular assumptions where used for this decision

Motivation This decision is important as it defines the basis of the proposed

architectures

Alternatives No other alternatives are considered at this time

Justification The decision to follow this architectural approach is considered appropriate

for the following reasons

a Following this approach the participating Member States remain at all

times the owners of their information and control who can access it and

under what conditions

b Existing processes (for example certifying the professional capacity of a

given user) that are already in place by the participants can be re-used

c The effort and resources required for managing and maintaining the

central components are reduced because existing technical assets of the

participating Member States are re-used

d Several central technical assets already exist and can facilitate LRI

exchanges For example the EJP will play the role of entry point for

retrieving Land Register data from participating Member States

e If required additional existing central technical assets may also be

introduced (eg ECAS ndash the European Commission solution for

authentication)

70 279

Implications Following a semi-centralised approach has the following implications

a Troubleshooting connectivity or similar interconnection issues may

become harder

b Depending upon the technical capability and capacity of the

participating Member States additional effort may be required initially

so as to set-up the LRI peer

c Depending on the architectural alternative followed it may be required

to revise EULIS so that it is conformant with this decision Indeed

EULIS is designed following an approach similar to the one described

earlier however some information elements (such as billing) are

controlled centrally by EULIS in these cases effort will be required so

as to identify and implement potential work-around

Derived

requirements

None

Related

Decisions

None

24232 Architectural Decision AD-002

Subject Area Communication protocol Topic Interconnection

Architectural

Decision

In order to implement a semi-centralised

interconnection a common communication

protocol using SOAP-based web services and

supporting a versioning scheme facilitating

gradual roll-out will be defined

ID AD-002

Issue or

Problem

Statement

When integrating information systems following a semi-centralised

approach one of the most important tasks is to establish the information

structures used for data exchanges between them as well as the kinematics

followed to perform these exchanges

Assumptions It is assumed that it is possible to draw a set of information structures that

can be used for the definition of a common communication protocol

Motivation Establishing a common communication protocol as early as possible in the

projectrsquos lifecycle is important as it drives several important elements of

the architecture definition (eg elements and capabilities required to

implement the protocol policies that need to be put in place for the protocol

to work etc)

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a A common communication protocol using open standards (such as

SOAP-based web services) and supporting a versioning scheme for

backward compatibility

b A customised communication protocol per participant In this case a

central component is responsible for receiving requests and translating

them to the format and protocol expected by the recipient

71 279

Subject Area Communication protocol Topic Interconnection

Justification Option (a) is the preferred approach for the Land Registers Interconnection

From a technical point of view using a common communication protocol

reduces the effort required in order to establish information exchanges

between the Portal and Land Register Interconnection peers In addition

any change on the protocol will be global (ie will be valid for all

participants of the Land Registers Interconnection) thus simplifying the

maintenance and further evolution of the solution

This last advantage of option (a) introduces one complexity although in

case a change is to be introduced in the protocol all participants will have

to simultaneously implement it and deploy it This problem is mitigated by

the introduction of the backward compatibility feature which diminishes

the need of a lsquobig bangrsquo approach when rolling out changes and allows

some flexibility to Land Register Interconnection participants in regard to

the implementation timeframe

With the aforementioned advantages in mind a customised communication

protocol is not favoured as it implies a substantial increase in effort not

only for DG JUST but potentially also for the Member States both in terms

of development as well as maintenance This would require that the central

component be capable of utilising 28 potentially different formats for

information exchanges

In addition these formats are not controlled directly by the implementers of

the central component (ie DG JUST) but rather from the Land Register

Interconnection participants which may introduce additional complexities

as each participant may choose to further develop or change his protocol

according to his needs and following his own implementation and rollout

plan

Given these factors it may prove impossible to manage such changes for

the implementers of the central component in a timely fashion or

substantial resources may be required in order to ensure that information

exchanges are possible

72 279

Subject Area Communication protocol Topic Interconnection

Implications a Each participant must implement a set of services according to a

common specification so as to exchange information in the Land

Registers network

b A process for the verification of conformity needs to be devised so as to

ensure that a given implementation can indeed participate in Land

Registers exchanges

c Depending on the standards and the architectural alternative followed

the EULIS implementation may have to be revised in order to conform

to the common communication protocol

d One of the main requirements for being able to establish a common

communication protocol is the ability to normalise the information

exchanged between participants However the information currently

stored in National Land Register systems is diverse Thus a dictionary

will have to be introduced in order to ensure semantic equivalence in

Land Registers Information exchanges

Derived

requirements

AD-006

Related

Decisions

None

24233 Architectural Decision AD-003

Subject Area Communication mode Topic Interconnection

Architectural

Decision

The communication mode used for information

exchanges will be a hybrid mode using

synchronous communication for technical calls

whereas functional responses may use either

synchronous or asynchronous calls

ID AD-003

Issue or

Problem

Statement

The communication mode employed between integrated information

systems is essential for defining exact behaviours both for low-level

technical invocations (eg opening a socket to a server with the intent to

write a stream of data) as well as functional calls (eg submit a search query

using a web service receive the query result in a subsequent asynchronous

invocation triggered by the initial recipient)

Assumptions It is assumed that the open standards used for defining the common

communication protocol can support both synchronous and asynchronous

invocations

Motivation Defining the communication mode is an important element that needs to be

taken into consideration since proper definition drives the technical and

functional capabilities available when defining the kinematics of the

common communication protocol Lastly it is necessary to provide a

uniform experience to the user regardless of the communication mode

followed

73 279

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a Synchronous communication mode both technical invocations and

functional calls are synchronous

b Hybrid mode technical invocations are synchronous whereas

functional calls may be either asynchronous or synchronous

Justification Option (b) is considered to be the preferable approach

Both options are similar in regards to the technical invocation part Indeed

synchronous technical invocations are required to ensure that a peer acting

as a recipient of a call immediately informs a peer acting as sender that an

invocation has been well received and will be subsequently processed

However option (b) adds flexibility on the recipientrsquos side as it allows a

variety of potential implementations to be used For example the level of

automation and technical capability of some Member States may allow them

to perform most operations synchronously (ie synchronous responses to

functional calls) whereas other Member States may have to implement

semi-automated (eg the recipient peer requires a human actor to first

manually authorise a response) or fully manual (eg a human operator

receives the request and manually issues a result) operations which call for

asynchronous responses

Lastly another benefit of the hybrid mode is the fact that it allows the

submission of the same search query to multiple Member States at the in one

action practically an end user can submit a single query to multiple peers at

the same time and receive responses as soon as each peer is able to respond

74 279

Implications a By definition the kinematics implied when following a communication

mode such as the one decided are more complex since the sender must

also implement an entry point for receiving responses for each

asynchronous functional call made Specifically assuming that a peer

acting as sender uses a service called lsquosubmitSearchQueryrsquo exposed by

another peer acting as a recipient has to also implement a service called

lsquoreceiveSearchResultrsquo which the recipient can use to communicate the

results for the query submitted

b The introduction of asynchronous functional calls requires the

introduction of control points to ensure that once a call is made a

response is provided by the recipient within a reasonable time-frame

Given the absence of a specific regulation mandating the answer to be

provided within a pre-defined timeframe it is up to the network

participants to respect the time-frames defined as part of the kinematics

of the common communication protocol Furthermore it is essential that

a third party (ie DG JUST) closely monitor these control points and

publish usage statistics with the interest of maintaining and enhancing

the service provided by the network

c Depending on the architectural alternative followed it may be initially

required to reduce the asynchronous functional calls so as to preserve

backward compatibility with the EULIS platform due to the fact that

EULIS is designed using a synchronous approach (at least as far as

search queries are concerned)

d The introduction of asynchronous calls for submitting search queries

will deny this capability to guest (ie non-registered not logged-in) EJP

users Using asynchronous functional calls mandates the existence of a

context bound to the user initiating such a call so as to ensure that the

response received at a later time can be delivered appropriately

Derived

requirements

None

Related

Decisions

None

24234 Architectural Decision AD-004

Subject Area Professional Capacity Certification Topic Security

Architectural

Decision

The professional capacity certification of an

LRI end user when required is carried out

by a competent entity This entity may be an

LR authority of the end userrsquos Member State

of origin the LR authority receiving the

request or more generally general any other

entity that is considered trustworthy to

provide this information The EJP LRI Hub

and potentially the LRI Peer may facilitate

this process

ID AD-004

75 279

In order to provide such a certification the

competent entity may have to perform a

registration process with the intent to identify

unequivocally the end userrsquos professional

capacity Upon successful completion it is

expected that the competent entity is capable

of providing a certificate proving the end

userrsquos professional capacity when requested

by the EJP and if such a certification is

required by the participant that is queried

using as input an attribute of the end userrsquos

ECAS account (eg his e-mail)

Issue or

Problem

Statement

Some of the services to be provided by the Portal as part of the Land

Registers Interconnection Network module are only available to

authenticated users whose professional role (for example notary) has to be

identified and certified However it is not in the jurisdiction of DG JUST

to validate a userrsquos claim that he is indeed such a professional

Assumptions It is assumed that if adequate information is gathered during a registration

process Member States are in position to properly identify and certify the

userrsquos professional capacity

Motivation It is important to devise an approach that ensures the non-disputable

identification and certification of the userrsquos professional capacity

Alternatives No other alternatives are considered at this time

Justification The approach taken fully supports the existing identification and

certification processes and policies implemented by Member States and in

addition leverages and re-uses existing facilities both in DG JUST (for

example the EJP ECAS etc) as well as in Member States

It allows Member States to handle their own control points such as an

expiration date to the registration which can help addressing the automated

or semi-automated process of identification revocation

Implications a The EJP will be dependent on a set of services not managed by DG

JUST in order to offer access to specific parts of the Land Registers

Interconnection It is thus required to identify the availability

scalability and security of these services and ensure that they are

conformant with the ones established for the EJP

b Depending on the standards and the architectural alternative followed

it may be required that the EULIS platform is revised so as to comply

with this decision as the current solution does not currently support

such an identificationauthentication scheme However assuming that

the alternative chosen incorporates EULIS it may be the case that the

EULIS platform is not used for queries that require elevated security

access

Derived

requirements

None

Related

Decisions

None

76 279

24235 Architectural Decision AD-005

Subject Area Query Authorisation Topic Security

Architectural

Decision

Each participant of the LRI provides an

authorisation scheme to the LRI Hub for

query submissions This scheme is used by

the LRI Hub (and subsequently the EJP)

with the intention to identify what query

parameters are available what information is

provided by the participant as response and

any additional requirements that the

participant may set in order to accept a query

or provide a response (eg specific

professional capacity payment etc)

This process is modelled as part of the

common communication protocol and is

carried out automatically

ID AD-005

Issue or

Problem

Statement

The policies (mandated by legal frameworks decisions etc) followed by

Member States regarding the provision of access to Land Registers

information are diverse The Land Registers interconnection must ensure

proper implementation of these query authorisation policies

Assumptions It is assumed that the outcome of evaluating a policy can be normalised

within the common communication protocol used for LRI exchanges For

example a rejection of a query for a specific reason can be interpreted in

all cases as lsquoFailure to execute the query due to Member State specific

policiesrsquo

Motivation This decision is fundamental for ensuring that Member States retain the

full control of the policies utilised when providing individuals from other

Member States with access to their Land Register information

Alternatives The following alternatives are considered

a The query authorisation process of each Member State is exhaustively

analysed and implemented within the Portal as part of the querying

process

b Each Member State participating in the LRI will be responsible for

providing its authorisation policy for query submissions to the Portal

This action is modelled as part of the common communication

protocol and will be carried out automatically before the requester is

allowed to submit a query

77 279

Justification Option (b) is considered to be the preferable approach

This decision is conformant with the general approach outlined in AD-

001 which foresees that Member States participating in the LRI will

remain in complete control of their Land Register data

Following the proposed approach allows Member States to demarcate

who can access their information (eg any user only professionals etc)

under which conditions (eg free access to all content pay-per-use

monthly or yearly subscription with the acceptance of specific terms and

conditions etc) and in which way (eg complete set of information

provided only a sub-set provided possibility to run queries using a

reduced number of parameters etc)

Implications a Implementing the authorisation process in a fully automated way may

be difficult to model and maintain for Member States

b Depending on the architecture alternative chosen and given that

EULIS currently does not support using query authorisation schemes

it will have to be revised in order to comply with this decision

Alternatively it may be the case that EULIS is not used for queries that

require authorisation to take place

Derived

requirements

None

Related

Decisions

None

24236 Architectural Decision AD-006

Subject Area Information Structure Standards Topic Interconnectio

n

Architectural

Decision

In the cases where Land Registers

information is exchanged between LRI

participants and the LRI Hub its structure is

modelled taking into consideration as much

as possible the appropriate thematic data

specifications and dictionaries of the

INSPIRE directive However the intention

is not to create a data structure that is fully

compliant with or directly depends on

INSPIRE

ID AD-006

Issue or

Problem

Statement

Given the nature of the Land Registers Interconnection and in particular

with the introduction of the common communication protocol an

information structure standard needs to be defined along with one or more

dictionaries for concepts used in the information exchanges

However given the specificities of the information exchanged and the

context (ie deployment of the interconnection as a module in the EJP)

further investigation is required in order to ensure that the standards and

dictionaries defined are fit-for-purpose and extensible

78 279

Assumptions The same assumptions made for AD-002 are valid for this Architectural

Decision

Motivation The main motivation for this decision is to investigate potential standards

and dictionary candidates and evaluate their fitness for using them while

defining the information structure employed by the common

communication protocol

Alternatives The following alternatives are considered

a Design the solution so as to be fully conformant with appropriate

thematic data specifications of the INSPIRE directive

b The structure of the information to be exchanged between LRI

participants and the LRI Hub is modelled taking into consideration

as much as possible the appropriate thematic data specifications and

dictionaries of the INSPIRE directive However the intention is not

to create a data structure that is fully compliant with or directly

depends on INSPIRE

c Defining a lsquogreenfieldrsquo standard and dictionaries for implementing

the information exchanges according to the specific needs of Land

Registers Interconnection

Justification Given the responses provided by Member States in Questionnaire n 3

(see also appendix 2 in this document) in regard to their current INSPIRE

compliancy as well as the implementation roadmap and further keeping

in mind the information diversity identified it is identified that the most

appropriate approach at this point in time is to proceed with alternative

(b)

The intention of this approach is that the information structure supporting

LRI exchanges (and more specifically Land Registers information) is

modelled after a mature standard whilst allowing enough flexibility to

take into account the variance in the adoption of INSPIRE by Member

States It therefore becomes possible for Member States that are already

supporting INSPIRE to easily transform their information into the LRI

format whilst at the same time Member States that do not yet support

INSPIRE can still participate in LRI without having first to become fully

compliant with the specification

Lastly this approach allows the introduction of a gradual approach in the

adoption of INSPIRE for LRI as a whole without first becoming

compliant with INSPIRE

79 279

Implications The immediate implications of this decision are the following

a Due to the complexity of INSPIRE and the width of the scope the

individuals involved in the design of the LRI information

structure need to have a sound understanding of the specification

so as to be able to re-use or use as basis the most appropriate

parts of it

b Even though the LRI information structure is not directly bound to

INSPIRE it is still necessary to closely monitor changes in that

specification and evaluate whether it would make sense to

introduce them in to the LRI information structure

c As a separate specification the LRI information structure may

eventually evolve in a different way to INSPIRE To avoid this it

is recommended that the LRI information structure is modularised

into themes (in a similar fashion with INSPIRE) so that the parts

that are common or similar with INSPIRE are isolated from other

components that may be LRI specific (eg payments)

Derived

requirements

None

Related

Decisions

AD-002

24237 Architectural Decision AD-007

Subject Area Authentication of an LRI end userrsquos

professional capacity

Topic Security

Architectural

Decision

The LRI end userrsquos professional capacity is

to be authenticated using a digitally signed

token provided by a competent entity

At a minimum this token will be signed

using an X509 certificate issued by a

trusted Certification Authority

ID AD-007

Issue or

Problem

Statement

The majority of Member States responding to Questionnaire n 2

answered positively when asked whether it would be acceptable to them

if a Requesterrsquos role is authenticated by his Member State of origin

Given this the Land Registers Interconnection must provide a process

allowing this information to be exchanged between Member States

Assumptions It is assumed that

The Requesterrsquos Member State of origin already has or is able to

implement a registration process that the Requester must undergo

in order to validate the Requesterrsquos role This process does not

have to be fully automated as long as the Requesterrsquos Member

State can provide this information when requested

The Requesterrsquos Member State currently has access or will have

access in the future to technical tools that allow digitally signing

information

80 279

Motivation It is required to define a technical process that can securely and

unequivocally transmit an authentication token containing the

Requesterrsquos role validated by his Member State of origin

Alternatives No alternatives identified at this time

Justification Reliably identifying a user using a digital signature is an industry standard

practice

Furthermore given the context of Land Registers Interconnection where

a large amount of participants wish to ensure that the information

exchanged between them indeed originates from the stated sender the

preferred approach is to use certificates issues by trusted Certification

Authorities so as to avoid the problem of each participant having to

exchange certificates with all other participants in a secure way

In practice the introduction of a trusted third party (ie the Certification

Authority) simplifies the procedure as the validity of a given digital

signature is checked by the recipient by checking whether the certificate

used is issued by a trusted third party without requiring the prior secure

exchange of the senderrsquos Public Certificate

Implications This section will be further developed once a final decision is made

Derived

requirements

None

Related

Decisions

None

243 Architecture Overviews

The following sections of this document provide an overview of the proposed architectures

for the various alternatives requested in REF1

Each alternative is described in its own sub-section initially with a diagram based on

Archimate 20 notation (see REF4) where the solution overview is presented and

subsequently with a table providing details on the key concepts shown in the diagram For

the sake of brevity details for concepts that appear in the following overviews multiple times

are only presented once with the exception of cases where a concept is used in a different

way

81 279

2431 Alternative 1 The European e-Justice Portal develops its own solution

for interconnection

The intention of this alternative is to showcase the possibility of the EJP

developing its own solution for the LRI without re-using the EULIS platform

24311 Proposed solution overview for alternative 1

Figure 16 Alternative 1 Architecture Overview

24312 Key concepts of alternative 1 proposed solution

Name Documentation

Authorisation A service module included in the Common Communication

Protocol which includes services relevant to query authorisation

Such services may include the submission of a userrsquos role (for

example notary Portal registered user etc) or other related

information (eg the userrsquos Member State) prior to the submission of

a query informing the Portal to ask the user to accept specific terms

or conditions depending on the peerrsquos authorisation scheme

allowing the Portal to submit the userrsquos acceptance to the terms and

conditions mandated by the peer for accessing Land Register data

etc

Certification A service module included in the Common Communication

Protocol which provides services relevant to the identification and

certification of an LRI end userrsquos professional capacity Services

included in this module allow the submission of professional

82 279

Name Documentation

capacity certification requests from the EJP towards the peer and

may provide various kinematics such as requesting the EJP to

inform the user that the identification process has been concluded

requesting the user to submit additional information required for the

registration to take place informing the user that the peer cannot

register him etc

It must be noted that this service may be realised already by a

competent entity however without following the technical

specifications of the LRI Common Communication Protocol (for

example this case may occur if CNUE is utilised for certifying

notaries) In such cases it is up to the LRI ESB to perform all

actions necessary so as to submit the request according to the

specifications of the service provided by the competent entity and

handle the response provided by it

Common

Communication

Protocol

Establishing a common communication protocol is essential for

realising the interconnection scheme envisaged for the Land

Registers Interconnection Network

In principle this protocol must foresee all common operations that

are expected to be supported by each peer participating in the

network These operations are further grouped into logical service

modules each relevant to the functional purpose it serves

While drafting these service modules the following key elements

are taken into consideration

A peer may be able to handle requests relevant to the

certification of a userrsquos professional capacity In this context

the peer may also be able to handle registration requests

which are used to initially identify a given userrsquos

professional capacity In this case the peer may respond

either synchronously or asynchronously in which case the

peer should provide synchronously to the hub an expected

deadline for performing the identification process On the

other hand the authentication response must be

synchronous

A peer may be able to provide a query authorisation scheme

to the EJP Doing so allows the Portal to take functional

decisions eg when to allow users to submit queries what

are the allowed queries per user professional capacity etc

A peer may be able to respond either synchronously or

asynchronously to search queries In the latter case the peer

must inform the hub on the expected deadline for returning

its response

A peer may be responsible for storing submitted queries

Please note that these queries may also include personal

data Each query submitted to a given peer must be uniquely

83 279

Name Documentation

and globally identified these identifiers are assigned

centrally (ie by the Land Registers Interconnection Hub)

and thus is not the responsibility of the peer to assign and

maintain them

DG JUST This concept represents the logical boundaries of DG JUST in the

context of LRI

European e-

Justice Portal

This concept represents the EJP It acts as a container for the LRI

Portal module and provides some of its facilities (eg ECAS

authentication web content management etc) to the LRI Portal

module In particular static parts of the information used by the LRI

Portal module (such as disclaimers the LRI Glossary etc) are

maintained by the facilities provided already by the EJP

LRI

Directory

This concept represents a module responsible for maintaining

information relevant to the functional capabilities and authorisation

schemes of the LRI participants

This concept is common for all architecture alternatives Still its

level of completion differs between each More specifically

In alternative 3 this module maintains the search parameters

allowed per participant and potentially additional technical

information required so that LRI EULIS service calls

between the LRI Hub and the LRI EULIS Peers can take

place

In alternative 1 in addition to the search parameters this

directory also holds the query authorisation scheme of each

participant including information such as payment

requirements and supported schemes for performing

professional capacity verification including trusted parties

that may perform this activity Furthermore it includes

information about competent entities that can certify the

professional capacity of an LRI end user and for each such

entity a list of the professions it can certify (eg notaries

lawyers civil engineers etc)

In alternative 2 this directory module holds the information

described in both alternatives 1 and 3

The maintenance of the information kept in this module can be a

shared responsibility between DG JUST and LRI operators of the

participants In practice DG JUST will have to maintain the more

technical information parts or parts that are not relevant to the

participants (eg competent entities performing professional

capacity certification) and LRI operators will have to maintain the

participants search parameters query authorisation schemes etc

The development of this module can be gradual Indeed the level of

information kept within it and the maintenance capabilities it can

provide can evolve according to the functional modules it has to

support

84 279

Name Documentation

LSB This concept represents the LRI Service Bus (LSB) ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI Peers Furthermore it is also

responsible for receiving the query responses from the LRI Peers

and returning them to the LRI Portal module

LRI Hub This concept represents the LRI Hub module ie a collection of

modules required for the LRI to take place

LRI Operator This concept represents the operator of the Land Register system in

a Member State

LRI Peer This concept represents a software component which implements the

common communication protocol and is deployed in the Member

State premises

LRI Portal

GUI

This concept represents the LRI Portal Graphical User Interface

(GUI) that is available to LRI end users via the EJP

LRI RI GUI This concept represents the Graphical User Interface (GUI) provided

by the LRI RI Peer and used by the LRI Operator

LRI RI Peer This concept extends the previously defined lsquoLand Registers

Interconnection Peerrsquo by demarcating a specific software component

that will be provided by DG JUST as the Reference Implementation

(RI) of the common communication protocol

This component must be designed so as to facilitate as many

integration approaches as possible it may provide integration hook

points for automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries

Member

State A

This concept represents the physical premises of a Member State

participating in the LRI

Member

State B

This concept represents the physical premises of a Member State

participating in the LRI

Member

State C

This concept represents the physical premises of a Member State

participating in the LRI

National

Land Register

system

This concept represents the system used within a Member State in

order to manage Land Register data

Notary This concept represents a registered user of the European e-Justice

portal who is also a certified notary

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing payment

information to the Interconnection Hub when such information is

required (eg inform the Hub if a given query has been paid and thus

the requester can access its result)

Portal

registered user

This concept represents a registered user of the European e-Justice

Portal

Search A service module included in the Common Communication

85 279

Name Documentation

Protocol which includes services relevant to receiving queries made

through the European e-Justice Portal as well as services which

when used by the mediating Interconnection Hub allow EJP users to

retrieve and manage previously submitted queries These services

may include retrieval of parameters from previously submitted

queries removal or cancellation of queries previously submitted etc

Secure

transport layer

Given the fact that the information exchanged between Member

States and the European e-Justice Portal may contain sensitive data

(such as personal information of a property owner) It is important to

ensure that the transport medium utilised offers an adequate level of

security

All information exchanges between the European e-Justice Portal

and Member States must be encrypted so as to avoid unauthorised

access to the data exchanged By default at least HTTPS will be

utilised for all information exchanges As an additional measure

encryption may also be provided on the network layer (for example

by using sTesta for all information exchanges between Member

States and the Portal) Table 5 Key concepts of alternative 1 architecture overview

24313 Implementation notes of alternative 1

Before proceeding further it is important to note that the design of alternative 1 caters for a

gradual deployment of the LRI if that is desired

Indeed it is possible to follow a step-wise approach where the various modules of the

common communication protocol are analysed developed and deployed in steps according

to the level of functionality desired at each step More specifically according to REF3 the

following three levels of functionality have been identified

Support for queries to land registers that provide their information publicly without

requiring payment

Support for queries to land registers that require a fee for the information provided

Support for queries to land registers that require a certification of the end userrsquos

professional capacity in order to provide either standard or additional information (and

may also require a fee for the information provided)

Given these levels it is possible to implement alternative 1 as follows

Initially the LRI Hub LRI Portal and a sub-set of the Search and Authorisation

services of the Common Communication Protocol are implemented At this point it

will become possible for LRI end users of the EJP to submit their queries only to those

Member States that do not have any strict requirement for query authorisation (ie do

not require fees or certification of professional capacity) During this phase it is also

expected that a minimal version of the LRI RI Peer is developed and delivered to

86 279

participating Member States that either do not have strict query authorisation schemes

or wish to pilot their participation in the LRI

At a second iteration the Common Communication Protocol and part of the LRI Hub

are further developed so as to allow payments to take place At this point an extended

version of the LRI RI Peer is also developed and delivered to Member States that did

not wish to participate in the first iteration

Lastly a final iteration of the Common Communication Protocol LRI Hub and LRI RI

Peer are developed and delivered to LRI participants and DG JUST providing the

complete set of LRI functionalities

Please also note that due to the versioning capabilities of the Common Communication

Protocol and in conjunction with the LRI Directory module Member States using the initial

version of the LRI Peer will not have to immediately upgrade to the latest revision if they do

not require the additional functionalities offered

2432 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

The intention of this alternative is to examine the possibility of the EULIS platform and the

LRI developed for the EJP co-existing

Before proceeding further it is important that the initial design idea of re-factoring the

EULIS platform into another LRI peer has been abandoned for the following reasons

The technical design of EULIS in regard to the search function is significantly

different Indeed EULIS merely acts as an intermediary showing to the end user a set

of search results containing only URLs which the end user must visit in order to obtain

the requested information whereas the LRI design of alternatives 1 and 2 foresees that

the actual information for a given property is contained within the response received by

the participant and rendered by the EJP

The payments design of EULIS currently facilitates accounting and billing between

Member States but does not allow payments to occur between end users and

participants

Thus the approach taken for alternative 2 foresees that EULIS is integrated lsquoas-isrsquo in to the

LRI Hub and the LRI Portal module copes with two different operational models

87 279

24321 Proposed solution overview for alternative 2

Figure 17 Alternative 2 Architecture Overview

24322 Key concepts of alternative 2 proposed solution

Name Documentation

EULIS This concept represents the logical boundaries of EULIS in the context

of LRI

EULIS

ESB

This concept represents the EULIS ESB component of the EULIS

platform The intention of this design is to integrate the DG JUST LRI

solution to the EULIS platform in the same fashion as the EULIS Web

component (see also REF5)

EULIS

service

This concept refers to the existing EULIS services which essentially

compose the common communication protocol used for EULIS

interconnections

Member

State D

This concept represents the physical premises of a Member State

participating in the LRI

Member

State E

This concept represents the physical premises of a Member State

participating in the LRI

Member

State F

This concept represents the physical premises of a Member State

participating in the LRI

Table 6 Key concepts of alternative 2 architecture overview

88 279

2433 Alternative 3 the European e-Justice Portal integrates and extends the

EULIS platform

The intention of this alternative is to integrate the EULIS platform in to the EJP largely re-

using the facilities it already provides and revising or extending them so that additional

participants may be able to integrate with it and thus participate in the LRI

24331 EULIS lsquoas-isrsquo view

Before proceeding further it is considered appropriate to briefly present an overview of the

current EULIS capabilities and architecture so as to establish an lsquoas-isrsquo view The

information provided here is an extract from the lsquoEULIS Software Architecture v20rsquo

document (see REF5) which provides a more detailed analysis on the specificities of the

EULIS platform

The information currently provided by the EULIS platform includes

Basic description of legal concepts

Description of routines and effects of registration of real property conveyance and

mortgaging

Contact information to authorities involved in the real property transactions

Access to searching real property data is provided in some European Member States to the

general public Where this is not permitted contacts and website links are provided for

ongoing investigations Additional search capabilities are provided to registered users

The EULIS platform architecture overview is presented in the following figure

EULIS 20Land

Register

Interface

EULIS 20

SQL

DataBase

MySQL

WEB

Server

HTTP(s)

APACHE

CMS ndash Public information about EULIS and Help

EULIS 20Enterprise Service Bus (ESB)

JBoss

ESB

Authorized

National

SystemsWith

EULIS 20

Support

Public user

WS Call

Authorization WS Call

Authorization

session

WS Call

Land

Information

WS Call

Land

Information

EULIS

20

WEB

JBoss

AS

Trusted users

Java JDK 16 JEE SOAP 11

XML GML 321

SubVersion Eclipse Classic 361

with JBoss Tools 320M2

ANT JAXB JUnit JMock soapUI 36

EULIS 20ESB

Use as

template

Figure 18 EULIS as-is overview

89 279

The platform is separated into the EULIS Web part which is accessible by the general public

trusted and authorised users and the EULIS ESB which is responsible for the integration of

national systems with EULIS support This later part has been designed so that it can be

provided as a lsquotemplatersquo to new EULIS participants

The mode of operation of the platform foresees that an end user visits the EULIS Web part

and eventually submits a query to a participant The participant provides a list of results that

match the end userrsquos query along with a URL in a server managed by the participant where

the end user can view the land registers information of a specific match included in the search

result

In case authentication is required the EULIS platform directs the user to register himself with

the participant he wishes to submit a query to and subsequently facilitates the authentication

process

The search capabilities of the platform include parameters such as a propertyrsquos identifier or

cadastral unit its address or the ownerrsquos nominal information

Furthermore the platform facilitates payments between EULIS participants by providing

billing and accounting services It must be noted however that actual payments do not take

place through the platform and that the current payment model works only between

participants (ie Land Registers) and not between end users and participants

Lastly as indicated in the figure the EULIS platform is largely using open source

technologies

90 279

24332 Proposed solution overview for alternative 3

The following figure provides an overview of the proposed solution in case it is decided to

proceed with this alternative

Figure 19 Alternative 3 Architecture Overview

24333 Key concepts of alternative 3 proposed solution

Name Documentation

EULIS

Common

Communication

Protocol

This concept represents the EULIS common communication

protocol It includes the services currently provided by EULIS

regarding searching authentication billing and payments

In this alternative the intention is to maintain the already established

EULIS communication protocol as far as search capabilities (ie

search parameters supported specific search criteria per participant)

the technical format of the information exchanged and

authentication are concerned

Gradually further enhancements can be introduced in this

communication protocol including

Payment and billing capabilities so that direct transactions

between LRI end users and LRI participants can take place Please

note that in this case the current system of EULIS regarding these

activities is to be completely replaced

91 279

Name Documentation

Asynchronous query submissions so as to facilitate the

participation of off-line national registers From a technical point of

view this enhancement is possible since it requires adding

additional service operations to the existing search facilities of

EULIS that will allow asynchronous submissions of queries on the

participants side subsequently on the LRI EULIS ESB side a set of

additional service operations will need to be added so that the

participants response is received at a later time

One element that has to be stressed here however is that the EULIS

communication protocol requires that the LRI EULIS peers of all

participants provides a graphical user interface accessible via the

Internet by end users

This is due to the fact that in EULIS the information provided

by a Land Register as a response to a query does not include the

actual data the end user requested but rather a URL link to a page

hosted by the relevant Land Register this page must then be

accessed by the end user in order to view the data requested

LRI EULIS

ESB

This concept represents the LRI EULIS ESB ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI EULIS Peers Furthermore it

is also responsible for receiving the query responses from the LRI

EULIS Peers and returning them to the LRI Portal module

LRI EULIS

GUI

This concept represents the Graphical User Interface (GUI) provided

by the LRI EULIS RI Peer and used by the LRI Operator

LRI EULIS

Peer

This concept represents a software component which implements the

EULIS common communication protocol and is deployed in the

Member State premises

Essentially this component is relevant to Member States that are

already integrated to EULIS or Member States that wish to

participate in the LRI and do not intend to use the Reference

Implementation provided by DG JUST

LRI EULIS

RI Peer

This concept extends the lsquoLRI EULIS Peerrsquo concept by demarcating

a specific software component that will be provided by DG JUST as

the reference implementation of the EULIS Common

Communication Protocol

This component must be designed in order to facilitate as many

integration approaches as possible it may provide integration hook

points for an automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries Lastly please note that this component will be

largely based on the EULIS Template component currently foreseen

by the EULIS SAD v20 Table 7 Key concepts of alternative 3 architecture overview

92 279

25 Work packages and effort estimation

The following tables provide a work package structure for each alternative For each work

package identified the following information is provided

An identifier

A short description of the work carried out in this work package

The expected input of this package (ie what is required to start actual work on this

package)

The expected output of this package (ie what is the tangible deliverable of this

package)

Effort estimation in man-months

Before proceeding further it must be noted that the effort estimates provided in the following

tables are merely indicative indeed given the fact that it is not in the scope of this document

to provide detailed analysis on the specificities of each solution proposed and assuming that

one of the proposed architecture approaches is considered fit for the LRI implementation

further and more detailed analysis findings may change significantly the effort estimates

provided

It is also due to the level of detail in this document that the effort estimates provided

hereunder are only based on the past experience of the Contractor in similar projects (such as

the ECRIS Detailed Technical Specifications) Evidently without a detailed view on the

exact functionalities that the LRI would provide to its end users and in the absence of a

detailed fit-gap analysis it is possible to provide effort estimates based only on empirical

data which however do sufficiently cover the expected actions to be performed for each

alternative

Furthermore the estimates are provided under the assumption that the persons involved in the

implementation of any alternative are senior experts in their domains (eg domain experts on

INSPIRE and LR data structures Enterprise Architecture Integration etc) and should be

revised accordingly if this assumption is not met

Lastly please note that the effort estimates provided in the following sections outline all

activities required until the LRI reaches production and do not include operational

maintenance or support activities

93 279

251 Alternative 1 the European e-Justice Portal develops its own solution

for interconnection

2511 Overview

The following figures present an overview of the proposed work packages required to

implement Alternative 1 organised in 3 iterations A detailed description for each package as

well as an effort estimate is presented in the sub-section lsquoDescriptionrsquo

94 279

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1

95 279

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1

96 279

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1

97 279

2512 Description

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-01

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 1

Feasibility

Study

artefacts

bull LRI information

structure

bull Search service

bull Authorisation

service

bull Versioning

4

1

WPA1-02

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 1

bull Feasibility

Study

artefacts

bull WPA1-01

Detailed technical

designs on how to

implement the

LRI Portal Hub

and Peer modules

7

WPA1-03

Implementation

of LRI Portal

and Hub -

Iteration 1

WPA1-02 Software

implementation of

the LRI Portal and

Hub modules

4 -

WPA1-04

Implementation

of the LRI RI

Peer - Iteration 1

WPA1-02 Software

implementation of

the LRI RI Peer

module

6 -

WPA1-05

Testing -

Iteration 1

bull WPA1-03

bull WPA1-04

Initial version of

the LRI rolled out

to production 7 -

WPA1-06

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 2

WPA1-01 Payment service

2

1

WPA1-07

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 2

WPA1-06 Detailed technical

designs on how to

implement

payments the LRI

Portal Hub and

Peer modules

5

98 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-08

Implementation

of LRI Portal

and Hub -

Iteration 2

WPA1-07 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

5 -

WPA1-09

Implementation

of the LRI RI

Peer - Iteration 2

WPA1-07 Software

implementation of

the LRI RI Peer

module

3 -

WPA1-10

Testing -

Iteration 2

bull WPA1-08

bull WPA1-09

Second version of

the LRI rolled out

to production 5 -

WPA1-11

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 3

WPA1-06 Professional

capacity

certification

service 2 -

WPA1-12

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 3

WPA1-11 Detailed technical

designs on how to

implement

professional

capacity

certification in the

LRI Portal Hub

and Peer modules

3

1

WPA1-13

Implementation

of LRI Portal

and Hub -

Iteration 3

WPA1-12 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

3

WPA1-14

Implementation

of the LRI RI

Peer - Iteration 3

WPA1-12 Software

implementation of

the LRI RI Peer

module

2 -

WPA1-15

Testing -

Iteration 3

bull WPA1-13

bull WPA1-14

Third version of

the LRI rolled out

to production 3 -

99 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-16

Conformance

testing with LR

participants and

roll-out to

production

WPA1-15 LR participants

integrated in LRI

solution fully

available to the

general public

12 3

Total effort estimate 68 6

Table 8 Effort estimates in man-months for the implementation of Alternative 1

100 279

252 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

2521 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 2 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 23 Work packages and deliverables of alternative 2

2522 Description

The expected effort for alternative 2 is similar to the one provided for Alternative 1 in

regards to the LRI implementation However due to the co-existence of the two platforms

it is expected that two additional work packages will have to be foreseen so as to analyse

the technical implications of integrating EULIS in to the LRI Hub and implement the

integration

In addition a supplementary test cycle needs to be performed so as to ensure that the

integration of the two systems works as expected

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-01

Detailed

technical

analysis of the

LRI-EULIS

integration

bull Feasibility

Study artefacts

bull WPA1-02

Detailed

technical

design of the

LRI-EULIS

integration

3 1

101 279

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-02

Implementation

of the LRI-

EULIS

integration

WPA2-01 Software

implementation

of the LRI-

EULIS

integration

4 -

WPA2-03

Testing and

roll-out to

production

WPA2-02 LRI-EULIS

integration

rolled out to

production

3 -

Total effort estimate 10 1

Total effort estimate (including effort of Alternative 1) 78 7

Table 9 Effort estimates in man-months for the implementation of Alternative 2

102 279

253 Alternative 3 the European e-Justice Portal integrates and extends

the EULIS platform

2531 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 3 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 24 Work packages and deliverables of alternative 3

103 279

2532 Description

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA3-01

Establishment of

the current

technical and

functional

baseline of the

EULIS platform

bull Feasibility

Study

artefacts

bull Existing

EULIS

technical

and

functional

artefacts

Detailed

functional and

technical

baseline of

EULIS

4

1

WPA3-02

Establishment of

the technical and

functional target

for the LRI

Portal module

and LRI Hub

Feasibility

Study

artefacts

Detailed

technical and

functional

target of the

LRI Portal

module and

LRI Hub

established

2

WPA3-03

Establishment of

the technical and

functional target

for the LRI RI

EULIS Peer

bull Feasibility

Study

artefacts

bull WPA3-02

Detailed

technical and

functional

target of the

LRI RI

EULIS Peer

established

2

WPA3-04

Fit-gap analysis

of EULIS

baseline and LRI

target functional

and technical

design

bull WPA3-01

bull WPA3-02

bull WPA3-03

bull Detailed

technical

design of the

changes

required so

that EULIS

can be

integrated in

to the LRI

Hub

bull Detailed

technical

design of the

changes

required to

the lsquoEULIS

Templatersquo so

8 -

104 279

Table 10 Effort estimates in man-months for the implementation of Alternative 3

26 Implementation roadmap

that it can

become the

LRI EULIS

RI Peer

bull Detailed

migration

plan of

EULIS to

LRI

WPA3-05

Implementation

of the LRI Hub

and LRI Portal

modules using

EULIS

WPA3-04 Software

implementatio

n of the LRI

Hub and

Portal

modules using

EULIS

8 -

WPA3-06

Implementation

of the LRI RI

Peer using

EULIS

WPA3-04 Software

implementatio

n of the LRI

RI Peer

modules using

EULIS

Template

5 -

WPA3-07

Extension of

existing LRI

Peer used

currently in

Member States

WPA3-04 Revised

Software

implementatio

n of the LRI

Peer module

- 5

WPA3-08

Testing bull WPA3-05

bull WPA3-06

LRI rolled out

to production 8 2

WPA3-09

Conformance

testing with LR

participants and

roll-out to

production

bull WPA3-07 LR

participants

integrated in

LRI solution

fully available

to the general

public

12 3

Total effort estimate 49 11

105 279

One of the basic requirements set by DG JUST in REF1 for the definition of the

architectural approaches presented earlier in this document is that they are designed in

such a way so that it is possible to migrate from

a Alternative 1 to alternative 2

b Alternative 1 to alternative 3

c Alternative 2 to alternative 3

Although not explicitly mentioned in REF1 these migration approaches seem to sketch a

potential deployment roadmap for the solution in which Alternative 1 is initially

implemented and then migrated either to Alternative 2 (which subsequently is migrated to

Alternative 3) or to Alternative 3

However during the course of this study it became apparent that a reasonable approach

would be to envisage the migration plan in a different order Specifically given the

capabilities currently offered by EULIS and the findings of REF3 a reasonable approach

would be to first use the EULIS platform as a springboard for developing the LRI and

then subsequently proceed in an iterative fashion toward the implementation of a

harmonised LRI which can provide the set of desired capabilities This conclusion has

been reached after an investigation of the key findings of REF3 which calls for

capabilities that are either completely absent from the current EULIS platform (such as

professional capacity certification) or are modelled in such a way that enhancing them will

essentially constitute a migration toward Alternative 1 (for example payments search and

authorisation)

In this frame Alternative 2 becomes a transitional phase where the two interconnection

approaches co-exist until all LRI participants are able to use the new LRI standard

With the above in mind a proposed migration approach starting from the current baseline

would be the following

a 1st transition phase DG JUST takes over the EULIS platform and executes the

work packages marked under Alternative 3 with the exception of WPA3-02 (ie

without implementing any additional enhancements) The intention at this stage is to

interconnect existing EULIS participants into the EJP and in addition provide an

LRI EULIS RI Peer to other Member States that may also wish to participate at this

stage It must be noted however that some existing EULIS features (such as

payments) may be difficult to implement in this scenario due to their design

However the end-result of this transition may be sufficient so as to provide LRI

participants and DG JUST with significant information on LRI and potential further

developments

b 2nd transition phase During this second transition DG JUST executes the work

packages included in the first iteration of Alternative 1 and deploys it in parallel

with Alternative 3 Before proceeding it must be noted that given the fact that

Alternative 1 is designed keeping in mind a gradual deployment it may be possible

to proceed further during this 2nd

transition and also implement the second or even

the third iterations of Alternative 1

Regardless of the number of Alternative 1 iterations the intention is to reach a

hybrid operation mode where the LRI supports both Member States using the

EULIS interconnection as well as Member States that prefer to participate in the LRI

using the new interconnection standard

106 279

Regardless of the level of completion reached in regard to the implementation of

Alternative 1 the landscape created during this transition is the proposed

Architecture of Alternative 2

c Target state ndash harmonised LRI This is the eventual target state of the LRI

architecture To reach this point DG JUST executes the remaining Alternative 1

iterations and gradually decommissions the EULIS interconnection

The proposed implementation and migration roadmap is depicted in the following figure

using the lsquoArchitecture Implementation and Migration Viewpointrsquo of Archimate 20 (see

REF4)

Figure 25 Proposed LRI implementation roadmap

107 279

27 Strengths and weaknesses of the alternatives

The following table summarises the strengths and weaknesses of each architectural

alternative analysed earlier in this document

Alternative Strengths Weaknesses

Alternative 1 the

European e-Justice

Portal develops its

own solution for

interconnection

Complete functional

capabilities due to the fact

that alternative 1 has been

designed whilst keeping in

mind the wide scope of LRI it

offers the most complete set of

functionalities allowing

flexible search queries to one

or more participants

integrating dynamic

authorisation schemes

provision of responses to

search results and facilitating

direct payments from LRI end

users to LRI participants

High degree of flexibility

The proposed solution for

alternative 1 has been

designed so that several

aspects which are difficult to

address immediately or may

change in the future are

abstracted Doing so allows

adding further capabilities

(such as certifying

professionals using a service

provided by a competent

authority)

Potential for expansion The

design of the solution allows

future expansions as the

information exchanged

between LRI participants and

the EJP is formally structured

and may be further processed

or enhanced according to

business needs An example of

this potential is the automatic

translation of labels and pre-

defined terms A further

development that would

leverage existing EJP facilities

could be the complete

translation of the information

Effort required Evidently Alternative 1

requires more effort than

alternative 3 in order to be

analysed and deployed

Previous investment

underutilised Given that

in Alternative 1 EULIS is

not utilised the investment

already made by Member

States integrated in this

platform will be

underutilised

High complexity The

findings of this feasibility

study although not detailed

to the level of enabling the

immediate production of an

actual LRI system have

shown that a variety of

subjects (such as the

certification of professional

capacity) may prove to be

much more difficult than

anticipated in terms of

analysis as well as

implementation Thus the

effort estimated for

implementing alternative 1

may change depending on

the findings of further

analysis

108 279

Alternative Strengths Weaknesses

exchanged using machine or

manual translation

Alternative 2 the

European e-Justice

Portal interconnects

the EULIS portal

and Member State

registers

Combined benefits A close

observation of the strengths

and weaknesses of

Alternatives 1 and 3 shows

that they are essentially

adverse as the strengths of

one solution are essentially the

weaknesses of the other Thus

given that this alternative is

designed as a combination of

alternatives 1 and 3 it

combines their strengths and

manages to diminish some of

their weaknesses especially

the ones related to the

business and functional

capabilities as well as the

underutilisation of the

investment already made by

Member States in EULIS

Effort required As shown

already in the effort

estimates presented in this

document this alternative

has the highest effort

requirement so as to roll-

out

High complexity Although technically

possible the integration of

the two different

interconnection approaches

may in the future impose

constraints in the overall

LRI service provided by the

EJP This is true currently

since some of the

functionalities offered by

the proposed LRI standard

cannot be supported by the

EULIS platform without

revising it Furthermore

DG JUST will have to

maintain two separate

service lines as the

maturation of the proposed

LRI standard may bring

additional services which

further diverge from the

current EULIS proposal or

it may be the case that

further developments in the

EULIS platform impose

new or revise existing

requirements for integrating

it with EJP

Alternative 3 the

European e-Justice

Portal integrates and

extends the EULIS

platform

Less effort required as

identified earlier in this

document implementing this

approach requires less effort

than the other two alternatives

Faster initial roll-out due to

the fact that EULIS is already

deployed and there are already

Authentication model

The current authentication

model employed by EULIS

is based on the fact that a

Land Register is capable of

authenticating its own

users However as

identified in REF3 this

hypothesis is not valid for

109 279

Alternative Strengths Weaknesses

Member States participating in

the interconnection it is

expected that the initial roll-

out of alternative 3 should

take less time to roll-out in

production than the other two

alternatives

Technology portfolio The

components used to

implement EULIS are

conformant with the

technological landscape

identified from the responses

Member States provided in

Questionnaire n 3

all Land Registers

Eventually the

authentication model

employed by EULIS will

have to be revised

resembling the one

proposed in Alternative 1

so as to be able to scale on

a pan-European level which

will require additional cost

Fewer capabilities by its

definition the model

employed in EULIS

imposes certain restrictions

on the capabilities that can

be developed without

altering the platform to the

point that it starts

resembling Alternative 1

For example the

certification of an end

userrsquos professional capacity

is not supported thus Land

Registers that require such

a certification for providing

basic or enhanced

information services will

not be able to provide their

services

Another example is the

provision of responses to

search results which does

not allow easily decorating

them with additional

information that is or may

become available on the

European e-Justice Portal

Asynchronous calls are

not supported By

definition search queries in

EULIS are executed in real

or near-real time This

however imposes certain

restrictions Specifically it

imposes a direct

dependency between the

service provided by the EJP

110 279

Alternative Strengths Weaknesses

and the information

provider (ie the Land

Registers) as without

modifying the current

EULIS mode of operation

a Land Register must be

on-line both for receiving a

request as well as for a user

to be able to view the result

of the query submitted

This constraint makes

difficult the participation of

off-line registers and

imposes an increase in the

technical availability the

LRI EULIS peers

Table 11 Strengths and weaknesses summarisation for all alternatives

111 279

28 Performance and volumetric estimations

The following table provides a set of rough estimates regarding the expected increase of

traffic on the European e-Justice Portal due to the introduction of the LRI Please note that

the numbers provided reflect expected numbers of transactions that the EJP may have to

serve once the LRI is deployed and available to the general public however at this point

it is not possible to foresee the increase in unique visitors for the EJP as the exact

behaviour users currently show when submitting queries to existing Land Registers or

EULIS is not clear Indeed it may be the case that a single user triggers multiple

transactions or that each transaction may belong to a single user

Furthermore it must be noted that providing volumetric and performance estimations with

high accuracy is not possible as certain elements (eg exact services to be provided by the

EJP level of integration with Member States etc) are not yet clearly defined It is

however possible to provide rough estimates using a set of reasonable assumptions per

alternative Given this in the case the LRI project proceeds to the analysis and

implementation phases it is expected that the estimates provided in this document will

need to be revised

Alternative Assumptions Calculation approach Estimated

amount of

transactions

Alternative 1

the European e-

Justice Portal

develops its own

solution for

interconnection

An estimated

maximum of 1 of

the reported number

of current Land

Registers transactions

are expected to be

cross-border

The figures provided by

Member States are

summed and a 1

volume is calculated

61700 per

month

Alternative 2

the European e-

Justice Portal

interconnects the

EULIS portal and

Member State

registers

The assumptions for

Alternatives 1 and 3

remain the same

The estimates for

Alternative 1 and 3 are

summed

620780 per

month

Alternative 3

the European e-

Justice Portal

integrates and

extends the

EULIS platform

The current

amount of queries

served by EULIS

per month is 100

This figure

represents the

traffic generated

with 5

interconnections

All 28 Member

States will

participate in the

interconnection

The potential number of

interchange routes

between current EULIS

participants is calculated

to 20 [NN-1]

The expected number of

interexchange routes in

case all 28 Member

States participate in

EULIS is 756

The final result is then

calculated by the

formula

[Current Routes][Future

queries] = [Expected

3780 queries

per month

112 279

routes] [Current

queries]

Table 12 Volumetric estimations

29 Re-usable architectural assets

The architecture alternatives proposed in this document re-use existing technical assets of

DG JUST and EULIS as much as possible In particular the following elements are

currently re-used

The EJP

ECAS (European Commission Authentication Service)

The EULIS ESB

It must be noted that when the Land Registers Interconnection is developed additional

analysis will be required to determine the exact functional and technical capabilities to be

re-used by the aforementioned assets as well as to identify other systems that may be re-

used

113 279

3 Part III Proposals for handling payments

31 Introduction

311 Purpose

The purpose of this document is to present the solutions that are proposed for handling

payments in the context of the Land Registers interconnection The proposed solutions

take into account all of the requirements set by DG Justice as well as the business needs

constraints and requirements identified by the analysis that has been carried out in the

scope of the Land Registers Interconnection feasibility and implementation analysis

project

312 Scope

Given the purpose of this document it is within its scope to

Provide a high level description of the various terms relevant to the domain of

payments with the interest of establishing a common understanding between

readers

Document the initial requirements set by DG Justice (see REF1 section 242)

Present the key findings of the analysis phase of the project that are relevant to

payments according to the responses received by Member States mainly in

Questionnaire no 3

Using as basis these key findings identify and extract additional requirements

Propose a logical design for a solution that may be used in the context of LRI and

clearly show how it interacts with the proposed architectures analysed in Part II

According to the information collected the requirements and constraints and the

logical design propose a set of physical designs that may be utilised in the context

of LRI These proposals are described at a level that is sufficient for the

stakeholders to assess the feasibility of the proposals and select the one that better

fits their needs and constraints

Catalogue the strengths and weaknesses of each proposed physical design

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of the proposed solutions In particular it is not in the

scope of this document to provide

A detailed specification of the technical interfaces that may be used for realising

payments

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

A detailed analysis of potential service providers that can be employed for

realising the proposed solution

A security analysis for the proposed solutions

A potential implementation roadmap

114 279

313 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo of REF7

In addition the readers of this document are invited to first study the lsquoBusiness Analysis

Reportrsquo (see Part I) and lsquoArchitecture Overviewrsquo (see Part II)

Although the themes discussed in this document require a certain level of understanding of

payments (electronic or otherwise) the language and format try to facilitate the readerrsquos

understanding either by providing simplified background knowledge on the subject or by

remaining conceptual as much as possible so as not to require additional technical

knowledge from the reader

314 Overview of the document

Proposing an appropriate payment solution for the Land Registers Interconnection is a

complex task that has been tackled in iterative steps starting from the basis established by

DG Justice in the projectrsquos lsquoTerm of Referencersquo (see REF1) and reaching the point where

it becomes possible to define a high level payment solution and propose payment systems

that is able to support it

The structure of this document resembles the process followed

a Initially readers are introduced to some general background information regarding

payment systems and payment service providers in Section lsquoIntroduction to

payment systemsrsquo

b Subsequently Section lsquoPayment solution overviewrsquo establishes information

elements that are used to drive the definition of the proposed solution In short this

section

Presents the business baseline as established by DG Justice in REF1

Identifies the key findings of the responses received by Member States in

Questionnaire nr 3

Draws a set of high level requirements

c Building on the information presented earlier in the document Section lsquoProposed

Payment Solutionsrsquo presents a proposed solution design Specifically this section

Presents a logical solution design explaining its key concepts and showing

how it interacts with the design proposed in the lsquoArchitecture Overviewrsquo

document (see Part II)

Identifies potential implementation alternatives and maps them to the

logical design

Compares the strengths and weaknesses of each alternative

Please note that in the context of this study existing implementations of payment systems

employed by other projects (eg the solution implemented by EULIS or the EBR system

implemented by ES) have also been taken into consideration Where appropriate these

systems are mentioned however it is not the intention to cover their scope functionality

or features in detail in this document

115 279

32 Introduction to payment systems

This chapter provides a brief description of the general landscape of payment systems for

the sake of comprehension and completeness

321 Definition of a payment system

In the context of this document the term lsquopayment systemrsquo generally refers to a network

that facilitates monetary exchanges between bank accounts The term lsquosystemrsquo denotes a

particular characteristic of this network which is that exchanges taking place within it are

not performed using actual cash but rather substitutes (eg credit cards debit cards etc)

These substitutes can also be referred to as lsquopayment instrumentsrsquo as they are the tools for

implementing these monetary exchanges

Furthermore a payment system defines how payments are processed or lsquocleared and

settledrsquo This latter term includes all activities that take place from the moment a monetary

exchange starts up until the moment the amount of money paid is actually moved in the

account of the recipient

It must be stressed here that a payment system facilitates monetary exchanges between

two bank accounts ie the connection between payer and payee is mostly one to one

322 Types of payment service providers

Although it is possible for an individual enterprise or organisation to establish all

processes required so as to enable payments for the services they provide the preferred

approach is to request the implementation of a payment system from a payment services

provider

Such providers offer their expertise in the field of payments and provide a variety of

services which can be summarised to the following

a Connection to multiple banks card and payment networks

b Management of the aforementioned technical connections as well as of the

relationships with external bank accounts and networks which quite often

translates to cheaper fees for entities utilising the services of a provider and less to

no effort required for the management of interconnections

c Risk Management services for bank and card based payments

d Matching of transactions and payments

e Offer reporting services to end users

f Offer additional facilities such as shopping baskets

116 279

Depending on the breadth and depth of services offered by a payment services provider it

is thus possible to generally separate them into three categories39

a Distributors are payment service providers that take over the technical burden for

end users to accept payments They build and maintain the connection to many

payment systems (cards and alternatives) Thus an end user needs only to connect

to one Distributor to be able to accept several payment methods

Distributors do not collect funds related to different payment systems as end users

are paid directly by the financial institution that process their card and alternative

payments

This type of payment service provider is better suited for end users requiring only a

few payment options or capable of handling their own reconciliation

It must be noted that the capability to handle reconciliations (ie matching orders

with received settlements) is very important when using such payment service

providers Indeed due to the fact that separate settlements for every payment

system accepted are received in different frequencies and delays the process of

reconciliation can be a time-consuming and costly process

b Collectors are payment service providers that streamline settlement for all

accepted payment systems combining them into one settlement Thus end users

receive all payments in one batch to their bank account and get reporting that

simplifies payment reconciliation

Such payment service providers are ideal for end users requiring many payment

options to serve their audience

However it must be noted that negotiation of transaction fees and contracting

remain the responsibility of the end user This can be useful in the case of end

users with a substantial amount of transactions However in cases where the size

of the transactions is not sufficient it may be difficult for the end user to secure

better pricing on transaction fees

c Aggregators are payment service providers that act as a one stop shop for end

users they take over the technical burden to accept payments collect the funds for

several payment systems and contract with the individual payment methods

The difference between the Collectors previously mentioned and the Aggregators

is that the Aggregators contract with the payment method company on behalf of

end users thus managing to achieve better transaction fees due to the total number

of transactions Thus there is no need for end users to negotiate transaction prices

or contract with the financial institution that processes the payment method

Distributors differ from Aggregators due to the fact that the latter also collect

funds settle the end userrsquos bank account and negotiate the terms with the payment

method company

In practice end users that are not interested in offering a substantial variety of

payment options and are not in the position to negotiate better terms for their

contracts should prefer to use such payment service providers

39 Please note that the information presented here is loosely based on httpwwwabout-

paymentscomknowledge-baseproviders

117 279

33 Payment solution overview

331 Solution goals

The majority of Land Registers require a fee for the information they can provide to their

end users Assuming that the Land Registers Interconnection project is implemented it is

expected that such fees will remain in place

An initial concern is the fact that transactions need to take place in a diverse environment

The end users of the European e-Justice Portal that may be interested in Land Register

information are mainly citizens of the EU Member States thus a payment system used to

support the required payments need not only be presented in their native language but also

support the payment instruments (eg debit card credit card etc) available to them

This concern is also valid for Land Registers however with a minor variation indeed any

payment system proposed in the context of LRI needs to support the currencies currently

employed by Land Registers in EU In addition Land Registers may need to establish

contractual agreements with the provider of such a payment system so it becomes

important to ensure that if required such contractual agreements are possible from a legal

and regulatory point of view and beneficial for Land Registers participating in the LRI

Furthermore any payment solution proposed must be set-up using an external payment

solution provider since the European Commission does not have the mandate to

intermediate monetary transactions between the users of the European e-Justice Portal and

Land Registers for services rendered

Thus the immediate goals of a payment solution for the LRI are identified as following

a Ensure that the specificities of participating Member States in terms of legal or

other constraints are adhered to

b Support the payment models currently employed by Land Registers

c Be compliant with the architectures proposed in Part II

In this context DG Justice pinpointed (without implying a specific restriction to them)

three potential alternatives that could be considered

a Existing payment systems that Land Registers have in place are re-used provided

that these systems are or can be available in a language that the end user

understands and support the payment instruments available to the end user

b A competent authority (eg the Land Register of the end userrsquos country of origin)

to which the end user is registered is responsible for receiving the cost of the end

user consultations the end user may reimburse this cost to the competent authority

according to the models supported by it (eg pre-payment in form of credit post

payment for the exact amount of consultations performed etc)

c A central payment service is used handling all transactions between end users and

Land Registers

118 279

332 Key findings

In the context of this study participating Member States were asked to provide

information relevant to the payment systems currently employed if any as well as

information relevant to the subject of payments The answers provided by Member States

have been used in order to establish the current payments landscape The findings are

summarised below according to their domain of interest

ID Finding Description

KF-001 Payment

required

The majority of Member States providing access to LR

information require a fee either before a query is

submitted or before the actual data are delivered to the

user In Member States where payment is required the

exceptions to this finding are

a Basic searches (eg using the property identifier)

b Search queries submitted by the owner of the

property or the national administration

KF-002 Pricing The price for providing the requested information varies

between Member States

KF-003 Risk

management

Member States in principle tend to avoid risks related to

non-payment of the service rendered Indeed most

Member States deliver the requested information only

after payment for it has been cleared

KF-004 Payment

models

It has been found that Land Registers employ a variety

of payment models which can be summarised to the

following

a Recurring (eg monthlyyearly subscriptions)

b One-off (eg pay per use before receiving the

information or before submitting a query)

Furthermore Member States employ two different

timings for their payment models Pre-paid method of

payment is the most common (used in 14 Member

States) whereas 9 Member States also support post-paid

models

KF-005 Payment

instruments

Before proceeding further please note that a detailed

breakdown of the payment instruments used as well as

current developments is presented in Consolidated

responses from questionnaire nr 3 to this document

A wide spectrum of payment instruments are used by

Member States it has been found that the most used

payment instrument is Credit Transfer with Direct Debit

being second (both of which cover 68 of all

payments) and Cheque being third

It must be noted also that several Member States have

already introduced or plan to introduce card payments

which are mostly used for one-off payments or

payments by non-registered users

119 279

ID Finding Description

Some Member States also accept cash payments

however the volumes are with the exception of one

Member State very low

The characteristics of the payments instruments

employed by Member States are largely based on the

end-user types supported For example users accessing

the system via registered or subscription-based accounts

generally pay a monthly invoice either by Credit

Transfer or by Direct Debit whereas one-time users

prefer paying by Card Domestic lsquoreal-timersquo payment

traditional payment instruments (ie Cheques) or Credit

Transfer

It also should be noted that most of the Member States

supporting Direct Debit are requiring lsquoirrevocabilityrsquo of

the payment which practically means than once such a

payment takes place it is not possible to dispute it this

last observation falls in line with the risk aversion

identified earlier in lsquoRisk managementrsquo

KF-006 Volumes Before proceeding further please note that a detailed

breakdown of the transaction volumes is presented in

Consolidated responses from questionnaire nr 3 to this

document

According to the information provided by 9 Member

States the total amount of transactions related to intra-

border payments made is estimated between 45 and 55

Million transactions with an additional 2000 ndash 3000

cross-border payments taking place per year It must be

noted that the figures provided here should be

considered as indicative since in some cases Member

States only provided approximations on the transaction

numbers and not precise volumes

KF-007 Payment

Service

Providers

Payment services are used mainly for Card payments

and are usually supported by Payment Service

Providers who also offer a mixture of payment

instruments including debit credit and direct transfers

KF-008 Multi-

currency

accounts

Nearly all participants do not use or require accounts in

multiple currencies ie they work with their domestic

currency or Euro

Table 13 Key findings

120 279

333 Significant solution requirements

Taking the findings of the study into consideration the requirements listed in the

following table have been identified

ID Requirement Description

SR-001 Payment

instruments

Any proposed payment solution should support at least

Credit Transfer and Direct Debit as these are the most

popular payment instruments and it is expected that

they will retain their prominent position Given the new

developments that take place in Member States it is

also advisable to include Cards as a payment

instrument which also supports near 100 Straight-

Through Processing40

(STP) and is expected to support

the phase-out of older payment instruments such as the

Cheque and Cash payments

SR-002 Payment

models and

pricing

As identified in KF-004 and KF-005 Member States

employ a variety of payment models which are mainly

determined by the type of user served by each

individual Land Register

Assuming that user profiles remain similar in the LRI

and keeping in mind that the proposals made in the

context of this study should not drastically change the

current way of working for interconnected Land

Registers any proposed solution should impose

minimal (if any) restrictions on supported payment

models and should allow Land Registers to establish

their own pricing per model

SR-003 Flexibility It has been observed that most Member States are

currently in the process of changing their approach on

payment systems This in conjunction with the changes

currently occurring in the payment systems sector as a

whole create a volatile payments landscape which leads

to the conclusion that any proposed payment solution

must also be able to cope with this environment

SR-004 Conformance

to standards

Any proposed solution should support current

international standards that are in use today or are to

become compulsory in the near future

SR-005 Support for

simultaneous

payments

In order to enhance the end user experience any

proposed solution should facilitate payments to multiple

recipients using a single uniformed process

40 Straight-Through Processing (STP) enables the entire trade process for capital market and payment

transactions to be conducted electronically without the need for re-keying or manual intervention subject to

legal and regulatory restrictions The concept has also been transferred into other sectors including energy

(oil gas) trading and banking and financial planning

121 279

ID Requirement Description

In practice this means that if an end user chooses to

submit queries to multiple Land Registers the solution

should allow grouping these queries into one shopping

basket and eventually ask the end user once to confirm

his selection and pay according to the payment model

supported by the Land Registers included in the basket

SF-006 Support for

multiple

languages

Any solution proposed must provide its graphical user

interface in all official EU languages

Table 14 Solution requirements

34 Proposed payment solutions

341 Logical solution design

In principle the solution needed for establishing LRI payment services resembles that of

an electronic commerce platform In practice this implies that at least the following set of

facilities should be provided by the proposed logical design

a A shopping cart that may be used by end users so as to collect services they are

interested in buying

b A way for merchants (ie Land Registers) to create organise and evaluate their

products (ie search services)

c An accounting facility that may be used to keep record of transactions and extract

reports

d An interface that can be used by end users so as to pay for their selected services

A solution that includes such facilities is further described in the following sections

122 279

3411 Design overview

Figure 26 Logical payment solution overview

3412 Design significant concepts

Before proceeding further readers are encouraged to read through the LRI lsquoArchitecture

Overviewrsquo (see also Part II) where several of the concepts used are described in detail

Name Documentation

EJP This concept represents the EJP

LRI Portal

Module

This concept represents the LRI module that is available to

the general public via the EJP It is responsible for all visual

elements relevant to the LRI including the rendition of search

forms according to the search criteria allowed by the recipient

of the query informing the user on the expected quantity and

quality of information etc

LRI Portal GUI This concept represents the LRI Portal Graphical User

Interface (GUI) that is available to LRI end-users via the EJP

Shopping basket

service

This concept represents the interaction between the Shopping

Basket and the Product Management services offered by the

Payment Services Platform and its visual implementation

which is hosted in the LRI Portal GUI

End user This concept represents the collaboration between the LRI

123 279

Name Documentation

payment services Portal module and the Payment Services Platform so as to

deliver the functionality required so that EJP registered users

can pay when required for the search queries they submit via

the LRI Portal GUI

Portal registered

user

This concept represents a registered user of the e-Justice

Portal

Shopping Basket A service module provided by the Payment Services

Platform which includes all components necessary so that an

EJP registered user can add remove or modify products (such

as queries to Land Registers monthly subscriptions etc) It

allows the collection and categorization of these products and

by interfacing with the Product Management service module

it is capable to provide to the end user a detailed view of the

value of the products included in his basket

Product

Management

This service module enables the creation and management of

products that are offered via the EJP LRI Portal GUI It

supports creating product bundles according to Land Register

requirements (eg pre-pay monthlyyearly subscription etc)

as well as defining specific policies for them (eg available

only to notaries) and may allow the calculation of the price of

a given product even if it of post-paid nature by providing

some standard prices

Payment

Services Platform

This concept represents a platform that offers a set of services

relevant to payments and accounting Although seen here as a

single logical component in reality it may be logically

partitioned according to the approach followed by its

implementer

Order clearance This service module provides all services and interfaces

required so that an EJP end user can pay for the products he

has added in his shopping basket It provides the necessary

screens so that end users can approve or reject the amount to

be paid for a given order allowing them to select the currency

to be used for payments as well as the payment means (eg

credit card debit card bank transfer etc) Furthermore this

module coordinates with Accounting in order to check if

products of the end users order do not require further

payment (eg a query is included that is covered by a

previously paid for monthly subscription)

In case the Payment Services Platform does not support

payments to multiple recipients at once this module

facilitates the end user during the payment process by keeping

in store as many payment details as possible requiring thus

the end user to fill in only the absolutely necessary

information multiple times (eg provide a token to authorize a

given transaction)

Accounting This service module contains all services and graphical user

interfaces so as to enable accounting It keeps a record of the

various transactions between EJP registered users and Land

124 279

Name Documentation

Registers and thus allows (a) keeping a record for previously

paid products (eg monthly subscriptions) and (b) if the

Payment Services Platform supports executing payments to

multiple recipients and in collaboration with the Payment

Execution service module it allows the implementation of

payments to multiple recipients

Payment

execution

This service module allows the execution of payments to

Land Registers using payment protocols supported by them

Depending on the capabilities of the Payment Services

Platform this module may allow implementing simultaneous

payments to multiple recipients

Common

Communication

Protocol

This concept represents the Common Communication

Protocol established in LRI lsquoArchitecture Overviewrsquo In the

context of this document this concept is used in order to

reflect that the Payment module included in it may interact

with facilities provided by the Payment Services Platform

Payment

clearance

This concept represents the interaction between the LRI

Portal GUI with the Payment Services Platform with the

interest of retrieving information relevant to the clearance of

payments made by EJP registered users As soon as a

transaction is marked as processed successfully the LRI

Portal GUI allows end users to submit their queries to Land

Registers Furthermore it is assumed that Land Registers

accept that if a consultation requiring a fee is submitted by the

EJP the end user submitting it has already paid the amount

required and do not require further information on this fact

either from the EJP or the Payment Services Platform

Business

payment services

This concept represents the collaboration between the EJP

and the Payment Services Platform in order to deliver the

functionality required so that the EJP can when required

retrieve payment information relevant to a given query

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing

payment information to the Interconnection Hub when such

information is required (eg inform the Hub if a given query

has been paid and thus the requester can access its result)

LRI Peer This concept represents a software component which

implements the common communication protocol and is

deployed in the Member State premises

Automated

product

management

This concept represents the interaction between the LRI Peer

with the Payment Services Platform with the interest of

automatically managing the products offered by a Land

Register via the LRI Essentially it allows Land Register users

to create or modify service bundles (such as pre-paid

consultations monthly or yearly subscriptions etc) using

their own systems and eventually publish this information

using this interaction to the Product Management service

module of the Payment Services Platform

Product This concept represents the collaboration between the LRI

125 279

Name Documentation

management

services

Peer module and the Payment Services Platform so as to

enable automations related to Product Management

Table 15 Key concepts of the payment solution design

342 Physical payment solutions

The previous section provided a logical solution which can support the establishment of an

electronic marketplace for the LRI However it is important to identify candidate physical

solutions which are based on the three alternatives discussed in section lsquoSolution Goalsrsquo

and evaluate their match against the logical design proposed

These physical solutions have been identified using as basis the information provided by

Land Registers in Questionnaire nr 3 or in the case of the Virtual Bank are lsquogreen-fieldrsquo

proposals

Before proceeding further it must be stressed that the proposals made in this document are

not exhaustively analysed The intention is to present to the reader a high level view of

each proposal so that a decision can be reached and an implementation road-map can be

drawn Indeed it is expected that in case any of these solutions are chosen for further

development detailed analysis will be required for its realisation

3421 Solution 1 Usage of existing payment systems

34211 Description

As identified in KF-001 the majority of Land Registers requires some form of

compensation so as to provide access to LR data Furthermore the responses provided by

Land Registers in regard to the services they provide electronically (see Part II) leads to

the conclusion that several of them have already established payment systems they use

using specific Payment Service Providers (PSP) for that purpose

In this approach Land Registers would maintain their existing PSP and the LRI payment

solution would be required to integrate with them The key point to observe is that instead

of having a single Payment Services Platform the solution utilises multiple ones since the

existing PSP will play this role The LRI payment solution implementation will be

extended in order to map LR and their corresponding PSP By default it is expected that a

single PSP will be assigned to a single LR however it seems reasonable to also expect that

in cases where LR share PSP (eg UK and NL) it may be possible to reflect this in the LRI

Payments configuration Assuming this model is followed it may also be expected that

eventually LR that do not currently use a specific PSP establish agreements with one of

the supported

Given the above a major deviation from requirement SR-005 is immediately identifiable

Indeed due to the fact that different PSP are to be used in this solution it is expected that

in most cases end users of the EJP will not be able to group services from multiple LR in

their shopping basket thus making it impossible to make a single payment for all desired

services

126 279

Furthermore the following assumptions must be true for this solution to be considered as

a viable candidate

a The PSP to be integrated and provide graphical user interfaces that end users can

use preferably in all official EU languages or at least in English

b The PSP offers a Shopping Basket service or supports integration with one that is

readily available in the market

c Product management is handled by facilities provided either by the PSP or the LR

Regardless of the approach it is possible to integrate the EJP to this service

d The PSP offers a variety of payment instruments that are available to all citizens of

EU

Hence in this approach an expected flow of actions for an end user to acquire his required

services would be the following

a The end user selects a set of services offered by a single Land Register At this

point EJP may determine additional LR available for selection to the end user

depending on the PSP used by them

b The shopping basket shows a calculated valuation in accordance to the

information provided by the Product Management module

c The end user decides to check-out his shopping basket He is then forwarded to the

payment clearance page of the specific PSP used by the Land Register where he

can choose his desired payment method

d Once payment is made by the end user and depending on the type of PSP (ie

Distributor Collector or Aggregator) and any specific agreements in place the

Land Register is informed and can subsequently allow queries to be submitted by

the end-user

e After this point the services bought by the end user become available to him

34212 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario However

given the fact that the PSP is not common for all participants

the EJP must either

a Not allow combining services from multiple Land

Registers as it will not be possible to make a single

payment for them

b Evaluate on a case by case basis which services may be

combined together

Approach (b) may work in cases where two (or more) Land

Registers share the same PSP and if it supports splitting

payments received to multiple recipients

Shopping Basket This service remains in place in this scenario It must be

noted however that the Shopping Basket implementation

chosen to be deployed will have to be possible to integrate

with the PSP employed by Land Registers

Product

Management

This service is expected to be provided by the LR PSP

127 279

Name Documentation

Payment

Services Platform

Even though the concept of the Payment Services Platform

does not seem to be valid in this scenario in reality it still

represents a set of services relevant to payments however

instead of employing one central platform the proposed

solution places the existing PSP in this role

In practice this means that one PSP can be used for one (or

more) Land Register

Order clearance This service is provided by the Land Register PSP It must be

noted that any graphical user interfaces provided by this

service must be either in the end userrsquos language or in

English

Accounting This service may be provided by the Land Register PSP or by

the Land Register itself

Payment

execution

This service is provided by the Land Register PSP

Payment

clearance

This concept remains the same in this solution However its

technical characteristics are determined by the lsquoBusiness

Payment Servicesrsquo collaboration

Business

payment services

This concept remains the same in this scenario However

instead of the EJP directly communicating with the PSP in

order to clear a payment made by an end user in this scenario

it is expected that the EJP forwards the end user to the LR

which subsequently passes the end user to its PSP of choice

The end user then makes all actions necessary so as to pay for

the services he has chosen and the payment clearance is

returned by the PSP to the Land Register Finally the Land

Register communicates with the EJP notifying it that the end

user payment has been successfully cleared

Table 16 Mapping key concepts to solution 1

3422 Solution 2 Mutual-trust model

34221 Description

This approach is currently employed in various forms by some of the participating

Member States and is similar to the service offered in the EULIS platform although this

does not provide a payment system in itself but rather an accounting system facilitating

payments

In essence an end user will have to establish an account with a competent authority

Subsequently the user may

d Pay a monthly fee which allows him unlimited LRI access

e Pre-pay an amount which is used as credit for LRI consultations

f Pay nothing upfront but receive periodic bill for LRI consultations he has

performed

128 279

These operation modes are available to LRI users according to the capabilities offered by

the competent authority with which they establish their account ie it may be the case that

a given authority supports more than one operation mode

Furthermore when an end user submits a query to a Land Register the recipient is able to

determine the competent authority to be billed using as input an identification token that

unequivocally binds the end user submitting the query to a competent authority

At a later time the Land Register issues an invoice to the competent authority which

details the services billed over a period of time this invoice may include various details

(such as type of queries type of responses provided etc) as well as information necessary

for the identification of end users that have consulted the LRI service during the billing

period At this point the competent authority reimburses the costs of service use to the

Land Register

It must be noted that due to the nature of this model it may be the case that the Payment

Services Platform employed which essentially becomes an accounting platform as the

payment element is removed may have to be custom-built since finding a service provider

for such a specialised set-up can prove to be difficult

34222 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario

Shopping Basket In this scenario and given the fact that no direct payments

are required by end users the shopping basket services is

only used for the purpose of collecting the services chosen by

the end user which are subsequently stored and processed in

Accounting

Product

Management

This service is expected to be provided by the Payment

Services Platform

Payment

Services Platform

In this scenario the Payment Services Platform works as an

e-commerce platform providing supportive services to LRI

participants without however implementing actual monetary

transactions between them

In practice it facilitates accounting reporting and product

management and allows end users to create collections of

services without actually imposing payments

It must be noted that it is not up to the Payment Services

Platform to facilitate the transfer of the identification tokens

required so that Land Registers can determine the competent

authority to be billed This process is expected to be

implemented by the Identification service module of the LRI

architecture

Order clearance This service is not required in this scenario

Accounting This service is expected to be provided by the Payment

129 279

Name Documentation

Services Platform In this solution this service module is

responsible for keeping a record of all transactions recorded

between users of a given competent authority and Land

Register Subsequently its reporting capabilities are used to

create the invoices required so that payment of services can

take place

Payment

execution

This service is not required in this scenario Any payments

made between Land Registers and competent authorities are

expected to be carried out via other means (eg using bank

accounts and payment instruments that are not in the scope of

the LRI Payments system) and according to the invoices

generated by the Account service module

Payment

clearance

This service is not required in this scenario

Business

payment services

This collaboration is not required in this scenario

Table 17 Mapping key concepts to solution 2

3423 Solution 3 Central payment services provider

34231 Description

A centralised Payment Services Provider (PSP) simplifies complex transactions and on-

line payment management as it allows the automatic management of multiple accounts

(Land Registers end users other stakeholders) in real time using a common process It

allows the processing of high and medium volume collections payments and balances

with complete transparency

In essence the solution foresees that the Payment Services Platform depicted in the logical

solution design is to be provided by a PSP In accordance to the descriptions provided in

section lsquoTypes of payment service providersrsquo the type of PSP to be employed is an

Aggregator providing a complete turn-key solution for all LRI participants Thus the

services offered may include facilities that support the required payment instruments

provide payment clearance reporting and accounting according to standard accounting

practices

From a set-up point of view this solution is by far the simplest since its establishment

does not require LRI participants to take specific actions or manage contractual

arrangements on their own Indeed in this scenario the European Commission would have

to establish a contractual agreement with a PSP and subsequently collect necessary

information from LRI participants for the establishment of a payment process Land

Register representatives may be given direct access to the reporting facilities provided by

the PSP or it may be the case that certain reports are delivered automatically to them in

pre-defined time periods

130 279

For example the issue of paying multiple recipients at the same time can be solved using a

PSP in the following way

a The end user is presented with an invoice to be paid and a selection of payment

options However the invoice is composed of information provided by multiple

Land Registers

b The end-user decides which payment option to use and subsequently makes the

payment for the information he wishes to receive

c The money paid by the end-user is initially transferred into a single bank account

belonging to the PSP At this point the PSP notifies the EJP that the payment has

been successfully cleared and thus the end user can have access to the services

requested

d At a later time the PSP breaks down the amount received into small transactions to

each Land Register according to the price requested by them for the services

requested

e In a pre-determined time frame (eg once per month) the Land Registers receive

payment for the services they provide

Some important details should be noted here

a It is expected that payments for services may occur periodically however it may

be the case that the PSP can offer flexible configurations per recipient (eg some

Land Register may require payment for services once per month whereas others

once per week)

b Given the fact that the service is provided by an external entity it is understood

that a cost element is attached to it This cost element may be translated to a certain

commission per transaction for example as a percentage in monthly payments

c The PSP provides a wide set of payment instruments as well as graphical user

interfaces in the native language of the end user

34232 Mapping to logical solution

No particular mapping is required for this solution This is due to the fact that the logical

solution proposed earlier in this document is based on standard approaches for designing

e-marketplace solutions such designs are established around the capabilities provided by

PSP and leverage them in order to deliver their expected result Thus since in this solution

the Payment Services Platform is undertaken by a PSP the services depicted in the logical

design (eg Shopping Basket Payments Clearance Account etc) are expected to be

provided by it However it must be noted that LRI participants will still have to integrate

the Product Management service module of the PSP via the Payments service module of

the LRI peer in order to automate the process of managing offered services

In addition Land Register users can access the accounting and reporting facilities

provided by the PSP in order to retrieve information relevant to transactions already

performed

131 279

3424 Strengths and weaknesses of the proposed solutions

Alternative Strengths Weaknesses

Solution 1

Usage of existing

payment systems

Re-use of existing assets

One of the most important

benefits of this solution is the

fact that it is based on

existing set-ups that Land

Registers in some Member

States have with PSP Thus

existing implementations

may be re-used lessons

learned leveraged and

potentially shared among

participants

High Complexity The most

important drawback of this

solution is the set-up and

maintenance complexity

Indeed the use of multiple

PSP will require substantial

organisation and

implementation effort on the

side of the Common

Communication Protocol

Furthermore evolutions of the

LRI that may involve

payments will also be

affected by the high level of

complexity of this solution

as any potential change will

have to be discussed and

agreed upon not only with

the Land Registers but also

with the PSP involved in the

project

Non-compliance At least

one requirement (SR-005) is

not possible to be

implemented by this

solution

User unfriendliness The

fact that users must pay

separately for each Land

Register using a different

payment solution (which

may not be available in their

native language) makes this

solution very unfriendly for

users interested in consulting

more than one Land

Register

Solution 2

Mutual-trust

model

Small footprint A basic

advantage of this solution is

that it does not necessarily

require an external service

provider in order to be

implemented Indeed most

of the facilities required for

its proper realisation can

Difficult to implement in

practice A basic factor that

can enable this solution is to

identify competent

authorities that are capable to

undertake the task of

identifying users and

eventually accept to be billed

132 279

Alternative Strengths Weaknesses

either be custom built or

existing implementations

(such as the one employed by

ES or the EULIS platform)

may be expanded so as to

cater for the additional

requirements

Flexibility for services

provided This approach

allows Land Registers to

make per case agreements

with competent authorities

This aspect when combined

with the fact that a competent

authority in the context of

payments may be combined

with competent authorities

offering end user

identification (as foreseen in

the lsquoArchitecture Overviewrsquo)

may allow specific service

agreements depending on the

nature of the authority or the

end user

Identification flexibility

Given the fact that the term

lsquocompetent authorityrsquo simply

denotes a specific role in this

solution it may be possible

that it can be undertaken by

any authority regardless of

its connection with the end

users registered with it For

example assuming that a

Land Register is willing to

undertake the role of this

lsquocompetent authorityrsquo it may

be the case that it is willing

to facilitate end users from

multiple Member States or

professional capacities

for the services these users

receive by Land Registers

This weakness has been

confirmed also by the

findings of the Business

Analysis where it has been

identified that not all Land

Registers can be tasked with

the identification of end

users

Moreover even if an entity is

indeed capable of identifying

end users it is not certain

that it will be within its

mandate to handle monetary

transactions

Custom solution Another

weakness of this solution

stems from its nature As

already explained it may be

hard to find a service

provider that can support the

operating model of this

service thus necessitating

the development of various

custom software components

that will be used for its

realisation

Implementing such a custom

solution is estimated to be

very resource-consuming

and due to the high

sensitivity of any errors in

the financial domain highly

problematic in real use until

all software problems are

eliminated and the solution

works correctly

Solution 3

Central Payment

Services Provider

Full payments

functionality This solution

represents the best possible

approach as it offers a fully

centralised system that can be

used for processing payments

Cost element The main

weakness of this solution is

the fact that Payment Service

Provider will require

compensation for the service

offered This compensation

133 279

Alternative Strengths Weaknesses

of any kind

Potential for re-use

Another benefit of this

solution is that it may be

easily re-used for other

projects of the European

Commission that require

similar services

Fully conformant with

requirements This solution

is by definition fully

compliant with the

requirements established in

lsquoSolution significant

requirementsrsquo It can support

a variety of languages

conform to any relevant

standards or legal

frameworks and facilitate

multi-way payments to Land

Registers and support

transactions done in different

currencies

may materialise as a standard

cost (eg a yearly fee) as a

commission in each

transaction or as a percentage

once funds are transferred to

Land Registers as done by

all of the Payment Service

Providers

Table 18 Strengths and weaknesses comparison

134 279

4 Annexes

41 List of national land registers and their organisation

This section lists registers containing land information for purposes such as juridical

regulatory fiscal or merely informational The term lsquoland registerrsquo is used in its broadest

meaning for so a primary goal of this list is to indicate for each Member State exactly

which national register(s) contains land information and which of them are candidates for

the interconnection (even if a Member State has multiple such relevant registers it may be

that the data is already aggregated by one of them at the national level and then it is

preferable to only interconnect with that one) The list below indicates also land registers

responsible authorities the level of digitisation and on-line presence

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Grundbuch

(Land book

land register)

Ministry of

Justice

100 Yes Cadastre and

register Land Book

together form a

national

information system

which shows real

estate data in an up-

to-date form

Cadastre BEV-

Federal

Office for

Metrology

and

Surveying

100 Yes

Address register Statistics

Austria

100 Yes

Land register Land

Registrar and

General

Administrati

on of

Patrimonial

Documentati

on

50 Yes The cadastral

identification of the

parcel of land is

widely used as

starting-point to

obtain relevant

information

concerning the land

(eg planning

information public

servitudes hellip)

Cadastre General

Administrati

on of

Patrimonial

Documentati

on

100 Yes

Property register Registry

Agency

100

(since

2009)

Yes Both Land and

Cadastre registers

provide on line

services and none

of them is used as

135 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

lsquofrontndashendrsquo for

obtaining or

consolidating

information from

other registers

Cadastre register Geodesy

Cartography

and Cadastre

Agency

NA Yes

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Department

of Lands and

Surveys of

Cyprus

(DLS)

100 No Not applicable ndash

off-line system

ISKN -

Information

system of the

cadastre of real

estate

CUZK 100 Yes NA

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

CUZK NA Yes

Land registry Implemented

by the 16

Laumlnder of

Germany

The Local

Courts are

responsible

for the real

estate within

their area

100 Yes Ownership-related

data available to

authorised users

only

Cadastre map only

publicly available

Real estate

cadastre

Implemented

by the

competent

authorities of

the 16

Laumlnder of

Germany

100 Yes

Den Digitale

Tingbog

(The Digitised

Land Register)

Tinglysnings

retten

100 Yes Not applicable ndash

only one system

Land register Land

Registry

100 Yes Not applicable -

Land register and

136 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Departments

of County

Courts

land cadastre

exchange

information

electronically so

land register gets all

necessary cadastre

information

electronically

directly from land

cadastre

Land cadastre Estonian

Land Board

100 Yes

Regional Land

Registry Offices

Ministry of

Justice

100

(since

2000)

No Not applicable ndash

off-line system

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Ministry of

Environment

Energy and

Climate

Change

39 Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Colegio de

Registradore

s de Espantildea

100 (in

2015)

No Not applicable ndash

off-line system

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Spanish

Directorate

for Cadastre

100 Yes

Other 4

cadastral

organisations

responsible for

5 of the

Spanish

territory

Servicio de

Riqueza

Territorial de

Navarra

Catastro de

Aacutelava

Catastro de

Guipuacutezcoa

NA NA NA

137 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Catastro de

Vizcaya

Land Register

called lainhuuto-

ja

kiinnitysrekisteri

in Finnish

National

Land Survey

of Finland

100 Yes The National Land

Information System

functions as a front-

end providing data

both from Land

Register and

Cadastre as

together they make

up the National

Land Information

System

Cadastre National

Land Survey

of Finland

100 Yes

National Land

Information

System

National

Land Survey

of Finland

100 Yes

Purchase price

register

National

Land Survey

of Finland

NA No

The land

registration in

France is strictly

ruled by the civil

law but there is

no national and

unique register

As a matter of

fact the land

registration in

France is split in

355 local

registers known

as lsquoservices de la

publiciteacute

fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be technically

based on

asynchronous

requests response

to an agreed query

form

FIDJI (made for

both

justiceproperty

security and

fiscal needs) is

an application

for providing

consulting

access to

transactions

DGFI

(Ministry of

Finance)

No data

stored

centrally

Deeds is

stored in

each of the

354 lsquoservice

100 No The DGFI

processes 6 million

requests yearly

Asynchronous

connection (based

on an agreed form)

is technically

possible but

depending on a

political decision

138 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

(from the 354

local registers)

but access is

reserved to the

administration

Parcels are

identified by

cadastral

number

de publiciteacute

fonciegraverersquo

MAJIC

(cadastre file for

fiscal purpose)

maintains

departmental

files

DGFI

(Ministry of

Finance)

No data

stored

centrally

Data is

stored in

each of the

93 relevant

departments

100 No See above (both

applications FIDJI

amp MAGIC are used

to address the

6000000

requests)

Hyposcan file

provides access

to scanned acts

(only as from

2004)

DGFI

(Ministry of

Finance)

100 as

from

2004

No No the application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments

(out of 101)

Ministry of

Justice

100 Yes Yes no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes inquiries

SPDC (Serveur

Professionnel de

Donneacutees

Cadastrales)

This is not a

register but a

server providing

access to a

subset of data

covered by the

MAJIC

application

(cadaster)

DGFI

(Ministry of

Finance)

100

(limited

cadastral

subset)

Yes No

This is the only

lsquoOn-Linersquo access

but it is reserved to

the lsquoregistered

officesrsquo of French

notaries and

geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

139 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

owner

- The document

number (document

drsquoarpentage)

Land Registry Municipal

courts

NA Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre State

Geodetic

Administrati

on

NA Yes

Unified Land

Registry System

(cadastre and the

legal registry)

Institutional

network in

hierarchy

1 Ministry

of Rural

Development

Dept of

Land

Administrati

on and

Geoinformati

on

2 Institute of

Geodesy

Cartography

and Remote

Sensing

(background

institute of

the Ministry)

3 county

land offices

(20)

4 district

land offices

(119)

100 Yes Not applicable ndash

only one system

National Land

Register

Property

Registration

Authority

88 Yes There is only one

land register in

Ireland operated by

the Land Registry Registration of

Deeds

Property

Registration

Authority

100

(since

1970)

Yes

Land registers Agenzia

delle Entrate

100

(since

end of

lsquo90s)

Yes Data included in the

databases of

Agenzia delle

Entrate is available

on-line for

authorised users

but the Agency

140 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

cannot be used as

an interface for

information

managed by Land

book services due

to institutional

jurisdiction

constraints

Cadastre Agenzia

delle Entrate

100 Yes

Land book Servizio del

Libro

Fondiario

della

provincia di

Trento

See

section

4816

Yes

Land book Catasto

Tavolare

Regione

Friuli

Venezia

Giulia

NA No

Land book Provincia

Autonoma di

Bolzano

Alto Adige-

Ripartizione

Libro

fondiario

NA No

Land book Ufficio

Tavolare

Cortina

drsquoAmpezzo

NA No

Real Property

Register

State

Enterprise

Centre of

Registers

Ministry of

Justice of the

Republic of

Lithuania

100 Yes Not applicable ndash

only one system

3 Bureaux des

Hypothegraveques

Administrati

on de

lrsquoEnregistre

ment

100 No Not applicable ndash

off-line system

National Real

Estate Cadastre

Information

System

The State

Land Service

100 Yes Cadastre can be

used as lsquofront-endrsquo

but there must be

further discussion

141 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

about which

relevant data is

needed

State Address

Register

The State

Land Service

100 Yes

State Unified

Computerised

Land Registry

Court

Administrati

on

100 Yes

Land Register Land

Registry

Land and

Public

Registry

Department

100 No Not applicable ndash

off-line system

Land Registers

and registers for

ships and planes

Cadastre

Public

Registers and

Mapping

Agency

100 Yes NL is in the process

of combining data

from several public

services in a

service called

Publieke

Dienstverlening op

de Kaart (lsquoPublic

Service on the

Maprsquo) Any user

will be thus enabled

to view and

combine all sort of

geographical

information by

using built-in

layers

Base

Registration of

Cadastre

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of

topographic

maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of large

scale maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National register

of public

limitation on

Cadastre

Public

Registers and

100 Yes

142 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

parcels Mapping

Agency amp

Municipalitie

s (so-called

lsquodual

systemrsquo)

New Land Book District

Courts

Ministry of

Justice ndash

Department

of

Informatisati

on of

Common

Courts

95 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre Powiat

Offices (local

government

Ministry of

Administrati

on and

Digitization

NA NA

National Land

Registry

Institute of

Registries

and Notaries

100 Yes If it becomes

advisable to have

only one of them as

lsquofront-endrsquo to

obtain consolidated

information from

other registries as

land registry has

originally more

information and is

the only registry

with legal value

which aims to

promote the

security of the

trade this front end

could easily be the

land registry

Tax Id of the

property

Tax

administratio

n

100 Yes

Cadastre Instituto

Geograacutefico

Portuguecircs

(IGP)

Unknown Yes

Register of National NA Yes NA

143 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

applications for

land registry

excerpts and

notarial deeds

(land books)

Agency for

Cadastre and

Land

Registration

GEOPORTAL

(Cadastre)

National

Agency for

Cadastre and

Land

Registration

NA Yes

Real property

register

(consist of both

cadastre and

land register)

Lantmaumlteriet 100 Yes Not applicable ndash

only one system

The electronic

Land Register

(eZK)

Center for

Informatics

at the

Supreme

Court of the

Republic of

Slovenia

100

(since

010520

11)

Yes Not applicable ndash

only one system

ISKN ndash Land

Registry

Information

System

UacuteGKK SR ndash

(Geodesy

Cartography

and Cadastre

Authority of

the Slovak

Republic) -

methodologi

cal

management

of ISKN

MV SR

(Ministry of

Interior) -

District

Office

Cadastral

Department -

administratio

n and

maintenance

of ISKN

90 Yes Not applicable ndash

only one system

Engla

nd a

nd

Wal

es

Register

of title

Land

Registry

83 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

144 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Register

of

cautions

against

first

registratio

n

Land

Registry

100 Yes

Land

Charges

Registers

(relate to

unregister

ed land)

Land

Registry

100 Yes

Register

of

Agricultur

al

Charges

Land

Registry

0 No Not applicable ndash

off-line system

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes Landweb - the

electronic system

used for Land

Registry Registry

of Deeds and

Statutory Charges

Registry

of Deeds

Department

of Finance

Land amp

Property

Services

(LPS)

100

(since

1990)

Yes

Statutory

Charges

Register

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes

Sco

tlan

d

Land

Register

Registers of

Scotland

57 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

General

Register

of Sasines

Registers of

Scotland

NA41

Yes

Crofting

Register

Registers of

Scotland

1 Yes

Table 19 List of National land registers

41 It is planned to close the General Register of Sasines at a future date

145 279

42 Title vs deed systems

Some Member States use a title system while others use a deeds system below table

indicates the system used by each Member State

MS Title Deeds Remarks

Yes Yes Title system register of title by parcel identifier

Reference is made to the respective deed whose copy

is stored in the Judicial Archive since 2006 older

documents can be inspected in paper form at the

specific District Court

Yes Deeds system

Yes Yes Both titles and deeds are registered

Yes Title system

Yes Title system

Yes Title system The deeds related to the entries are kept

in special files in German terms lsquoGrundaktenrsquo

Yes Yes A system of deeds mortgage deeds and other rights

and other financial circumstances

Yes Yes Title system Deeds are stored too

Yes Yes Approximately 6-7 of the countryrsquos areas (or

~20 of the registrable real property rights) is

covered by a newly developed and fully operational

cadastral system That system incorporates both

cadastre and land register which is title system

For the remaining of the country there is a deed

Registry System (in an analogue form) that registers

all deeds associated to land transactions and is

independent of the cadastre As the development of

the cadastral system continues the Deeds Registry

System will be phased-out (100 by the year 2020)

and its functions will be incorporated in the cadastre

Yes Title system

Yes Yes Title system A copy of the deeds document is saved

in electronic form too

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle)

No The Alsace region includes the two departments of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

Yes Title system is applicable Titles are registered on the

basis of deeds that must be according to a stipulated

form

Yes Title system

146 279

MS Title Deeds Remarks

Yes Yes Predominantly a title system with approximately 93

of land registered and 88 of titles

Yes Yes In Provincia Autonoma of Trento there is a title

registration system

Deeds registration system is present in the remaining

parts of Italy

Yes Yes Mixed system - title and deed registration

Yes Deeds system

Yes Title system

Yes Yes Both titles and deeds are registered

Titles to land are registered following applications

for registration and in accordance to the legal title

under which property was acquired In the majority of

cases property is acquired by means of a public deed

published by a Notary Public

Yes Deeds system with third party protection

Yes Title system

Yes Title system

Yes Deeds system

Yes Yes Title system Deeds are stored too

Yes The system is based on an electronic land registry

which requires submission of appropriate deeds

(original contracts declarations etc) for entries and

changes

Yes Title system

Yes Yes England and Wales Title system Deeds are stored

too

Yes Yes Northern Ireland There are both the Land

Registration and the Registry of Deeds Systems

Yes Yes Scotland There are two methods of

registeringrecording rights in property in Scotland

Namely recording of deeds in the General Register of

Sasines or Registering an interest in land or property

in the Land Register The General Register of Sasines

is gradually being phased out with the majority of

titles now being registered in the Land Register The

Land Register is a title based system and once an

interest in land has been registered in the Land

Register title flows not from a progress of title deeds

but from the register itself

Table 20 Titles and deeds systems

147 279

43 Summary of data analysis

148 279

149 279

150 279

151 279

Figure 27 Summary of data analysis

152 279

44 Detailed comparison tables

That section describes in the form of comparison tables the nature and structure of the

basic data that exists in the various national registers along with supported search criteria

Only minimal initial subset of land information was taken into considerations

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

441 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Grundbuch

(Land book

land register)

Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

Yes Yes Yes No

Land register Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Property

register

Yes Yes Yes Yes

Cadastre

register

Yes NA Yes NA

Land Register

amp Cadastre

within the

Cyprus

Integrated Land

Information

System (CILIS)

Yes No Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

No No Yes Yes

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

Yes Yes No No

Land registry Yes NA Yes NA

153 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Real estate

cadastre

Yes NA Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes

(partly)

Yes Yes Yes Search by parcel

ID possible only

with logon by

Danish digital

signature

Land register Yes Yes Yes NA

Land cadastre Yes Yes Yes NA lsquoParcel IDrsquo is a

cadastral code

Regional Land

Registry

Offices

Yes No No No lsquoParcel IDrsquo is a

unique cadastral

number (KAEK) is

attributed to each

property in the

cadastral database

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Yes Yes Yes Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Yes Yes Yes Yes Description will

include origin

location (address)

and boundaries of

registered

properties and the

area measurement

(Surface in square

meters) land use

the administrative

system that may

affect it (eg

whether it is

subsidised

housing)

optionally other

physical features

might be registered

as well

If the parcel

contains a family

home this fact is

also registered as

family homes have

special protection

rules for selling

and mortgaging

but other data such

154 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

as the domicile or

the price are not

given generally in

excerpts due to

data protection

rules

Every registered

parcel is identified

with a different

number in each

municipality of

each registry That

is called the

property number

In addition there is

the IDUFIR which

is a unique number

that identifies each

single property in

the whole Spanish

registry system

Both numbers will

never change for

the same piece of

land

In addition

cadastral reference

can also be taken

into account to help

identifying the

property All

modern properties

have cadastral

reference when the

parties and the

registrar agree that

the cadastral parcel

can be identified as

the plot or

property

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Yes Yes Yes Yes lsquoParcel IDrsquo - only

the cadastral

reference No

IDUFIR or the plot

registry number

that are provided

by the land

registry which

due to his current

155 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

cooperation and

interconnection

with the cadastre

can provide the

cadastre parcel ID

National Land

Information

System

Yes Yes Yes Yes

FIDJI No No Yes Yes This is the

cadastral parcel

number (the same

that is used as key

for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of

the scanned act are

the unique keys

AMALFI Yes Yes Yes Yes

Land Registry Yes No Yes Yes lsquoParcel IDrsquo is

property

identification

number

Cadastre Yes No Yes Yes lsquoParcel IDrsquo is

cadastral parcel

number

Unified Land

Registry

System

(cadastre and

the legal

registry)

Yes Yes Yes Yes

National Land

Register

Yes Yes Yes Yes

Registration of

Deeds

Yes Yes No No

Land registers Yes No Yes Yes lsquoParcel addressrsquo ndash

for rural parcels

the place name

Cadastre Yes Yes Yes Yes Address search

possible for

buildings cadastre

only

Libro Fondiario

della provincia

di Trento

No No Yes Yes

Real Property

Register

Yes Yes Yes Yes lsquoParcel IDrsquo

includes cadastral

156 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

ndeg of land parcel

and its unique

number Also

unique ndeg of

structures

apartments in

multi-apartment

houses and

premises form as

separate real

property objects

3 Bureaux des

Hypothegraveques

Yes No Yes No

National Real

Estate Cadastre

Information

System

Yes Yes Yes Yes Information about

addresses comes

from State Address

Register

State Address

Register

Yes Yes No No Information about

address is

synchronised with

Cadastre

Information

System

State Unified

Computerised

Land Registry

Yes Yes NA Yes

Land Register Yes NA Yes Yes lsquoParcel IDrsquo -

property registered

is given a unique

number which is

generated

electronically

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

Yes No Yes Yes lsquoParcel IDrsquo is

interpreted here as

land book ID

Cadastre NA NA NA NA

National Land

Registry

Yes No Yes Yes The land registry

has the property

location As

mentioned above

the cadastre does

not cover all the

territory so in PT it

is more accurate to

speak about

properties or plots

157 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

than of parcels

Each land property

has an id number in

the land registry It

also has a tax

number issued by

the tax

administration or

the cadastre (in the

areas where it

exists) The tax

number is

mentioned in the

land registry

description

Tax Id of the

property

Yes No Yes Yes Parcel ID is Tax or

cadastre number

Search on address

is currently not

available on-line

Cadastre Yes Yes Yes Yes Parcel ID is Tax or

cadastre number

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No Yes Yes Parcel address not

always present

Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real property

register

(consist of both

cadastre and

land register)

Yes Yes Yes Yes

The electronic

Land Register

(eZK)

No No Yes Yes

ISKN ndash Land

Registry

Information

System

No No Yes Yes No address point

Engla

nd a

nd W

ales

Register

of title

Yes Yes Yes Yes The property

register for each

individual title

contains a

description of the

land which may be

the postal address

if there is one

Where known the

158 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

property register

includes details of

the inclusion or

exclusion of mines

and minerals in or

from the

registration and

easements rights

and privileges that

benefits the estate

The description is

by reference to a

plan which is part

of the register

If the property is

leasehold details

of the lease will be

noted

A registered

rentcharge

franchise or profit a

prendre in gross

must if the estate

was created by a

deed also contain

details of the deed

If the exact line of

a boundary has

been determined in

accordance with

statutory provisions

(this is not usual ndash

see item 4 below)

that will be noted

in the register and

shown on the title

plan

Parcel ID known as

title ndeg

Search on parcel

address is possible

when known

Register

of

cautions

against

first

registrati

on

NA Yes NA Yes

159 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Land

Charges

Register

s

(relate to

unregist

ered

land)

NA No NA No

No

rther

n I

rela

nd

Land

Registry

Norther

n Ireland

Yes Yes Yes No lsquoParcel addressrsquo is

sometimes

included but not

always ndash

depending on

whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Registry

of Deeds

Yes Yes NA No

Statutor

y

Charges

Register

NA Yes No No

Sco

tlan

d

Land

Register

Yes Yes NA Yes

General

Register

of

Sasines

Yes Yes NA Yes

Crofting

Register

Yes Yes Yes Yes lsquoParcel addressrsquo is

sometimes

included but not

always ndash depends

on whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Table 21 Parcel address and ID

160 279

442 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

Grundbuch

(Land book

land register)

No No Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

No No No No

Land register No No No No

Cadastre Yes Yes Yes Yes

Property

register

No No No No

Cadastre

register

Yes NA Yes Yes

Land

Register amp

Cadastre

within the

Cyprus

Integrated

Land

Information

System

(CILIS)

No No Yes Yes

(2016)

ISKN -

Information

system of

the cadastre

of real estate

Yes NA Yes Yes

RUacuteIAN -

Registry of

the

Territorial

Identificatio

n Addresses

and Real

Estate

No No NA Yes

Land

registry

Yes NA Yes NA

Real estate

cadastre

No No No No

Den Digitale

Tingbog

(The

Digitised

Land

Register)

No No No No

Land register No No No No

161 279

MS Register Coordinates Map Comments

Present Search Present Search

Land

cadastre

Yes NA Yes Yes

Regional

Land

Registry

Offices

No No No No

National

Cadastre and

Mapping

Agency SA

(NCMA

SA)

Yes No Yes No

Land

Registry

(provides

on-line

access to

data from

around 1000

Land

Registers)

Yes Yes Yes Yes Property coordinates

are only given when

graphical information

is added to the

literature description

of the parcel The

system gives the

coordinates of the

central point of the

parcel in order to

facilitate

geolocalisation

Almost all modern

properties are

associated to the

literature description

and graphical

information The

graphical information

is provided by the

land registry and is

normally based on

the mapping of the

cadastre but it can

also be based on the

mapping of

geographical

institutes

Spanish

Directorate

for Cadastre

(responsible

for 95 of

the Spanish

territory)

Yes Yes Yes Yes

National

Land

Yes Yes Yes Yes

162 279

MS Register Coordinates Map Comments

Present Search Present Search

Information

System

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

Land

Registry

No No No No

Cadastre No No No No

Unified

Land

Registry

System

(cadastre and

the legal

registry)

Yes No Yes No Cadastral map legal

parcel boundaries

administrative

boundaries parcel

number buildings

and other

constructions street

name and address

agricultural land use

cultivation and other

attributes according

to law

National

Land

Register

Yes Yes Yes Yes

Registration

of Deeds

No No No No

Land

registers

No No No No Boundaries are

specified in the deed

Cadastre Yes No Yes No Users can get parcel

coordinates by

submitting a special

request

Libro

Fondiario

della

provincia di

Trento

No No No No

Real

Property

Register

Yes Yes Yes Yes

3 Bureaux

des

Hypothegraveques

Yes No Yes No

National

Real Estate

Cadastre

Information

Yes Yes Yes Yes

163 279

MS Register Coordinates Map Comments

Present Search Present Search

System

State

Address

Register

No No Yes Yes

State Unified

Computerise

d

Land

Registry

No No No No

Land

Register

No No Yes Yes

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

No No Yes No

Cadastre NA NA NA NA

National

Land

Registry

No No No No

Tax Id of the

property

Yes No Yes No Searches only on the

part of the country

subject to Cadastre

Cadastre Yes Yes Yes Yes Only owners can

search based on their

own personal data

Register of

applications

for land

registry

excerpts and

notarial

deeds (land

books)

Yes Yes Yes NA Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real

property

register

(consist of

both cadastre

and land

register)

Yes Yes Yes Yes Searches on Central

point(s) (property

coordinates)

cadastral Index Maps

(parcel ID)

The

electronic

Land

Register

(eZK)

No No No No

ISKN ndash

Land

Yes Yes Yes Yes

164 279

MS Register Coordinates Map Comments

Present Search Present Search

Registry

Information

System

Engla

nd a

nd W

ales

Regis

ter of

title

No No Yes Yes Property coordinates

Not included unless

the exact line of a

boundary has been

determined in

accordance with

statutory provisions

The determination

may be of just one of

the boundaries not

all of them See item

lsquoDetermination of

boundaryrsquo below

Map known as Title

Plan

Regis

ter of

cautio

ns

again

st

first

regist

ration

NA NA NA Yes

Land

Charg

es

Regis

ters

(relat

e to

unreg

istere

d

land)

NA NA NA No

Nort

her

n I

rela

nd

Land

Regis

try

North

ern

Irelan

d

Yes Yes Yes Yes

Regis

try of

Deed

s

No NA No No

165 279

MS Register Coordinates Map Comments

Present Search Present Search

Statut

ory

Charg

es

Regis

ter

Yes Yes Yes Yes Map search Using

sheet number and

entry S

cotl

and

Land

Regis

ter

Yes Yes Yes Yes

Gener

al

Regis

ter of

Sasin

es

No No NA Yes

Crofti

ng

Regis

ter

Yes No Yes Yes lsquoProperty

coordinatesrsquo off-line

search can be

requested

Table 22 Property coordinates and map

443 Owner

MS Register Owner Comments

Present Search

Grundbuch (Land

book land

register)

Yes No

Cadastre Yes No

Address register No No

Land register Yes Yes

Cadastre Yes Yes

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

Yes Yes

RUacuteIAN - Registry

of the Territorial

No No

166 279

MS Register Owner Comments

Present Search

Identification

Addresses and

Real Estate

Land registry Yes NA

Real estate

cadastre

Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes Yes Search by owner name possible

only with logon by Danish

digitised signature

Land register Yes Yes Division called lsquoOwnerrsquo contains

information about owners (name

registrationidentification code)

and type of ownership in case of

joint or common ownership In

case of common ownership also

information about size of the

shares of co-owners

Land cadastre No No

Regional Land

Registry Offices

Yes Yes

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes Yes

Land Registry

(provides on-line

access to data

from around 1000

Land Registers)

Yes Yes If the owner is a natural person

name and surname address

identity card number and civil

status (single married or widow)

If the owner is married the

matrimonial economic regimen

and the status (joint tenancy or

private good) is registered If the

owner is a child the power of

representation of the parents or the

tutor has to be justified If the

conveyance is done by third

parties representation has also to

be justified

If the owner is any kind of

company social name address

tax identifier number and

constitution data including those

of registration in the business

registry Also the representatives

of the company who convey have

to justify the power of

representation or attorney

Spanish Yes Yes Always the one said to be the

167 279

MS Register Owner Comments

Present Search

Directorate for

Cadastre

(responsible for

95 of the

Spanish territory)

owner by the cadastral base not

the legal owner which is only

provided by the land registry in

registered property as stated in

article 3 of the cadastre regulation

act

National Land

Information

System

No No

FIDJI Yes Yes You have to know the property

location first (commune)

MAJIC Yes Yes You have to know the property

location first

(departmentcommune)

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes Yes Contains name birth date and

ownerrsquos address

Search is possible only for certain

users in certain cases specified in

law as police in investigation

cases notaries in succession cases

etc

National Land

Register

Yes Yes

Registration of

Deeds

Yes Yes

Land registers Yes Yes

Cadastre Yes Yes

Libro Fondiario

della provincia di

Trento

Yes Yes

Real Property

Register

Yes Yes

3 Bureaux des

Hypothegraveques

Yes Yes

National Real

Estate Cadastre

Information

System

Yes Yes Information about owners comes

from Land Registry Only certain

persons can search the information

using person identification data ndash

contract and permission to work

with person identification data

required Current legislation does

not allow that to be performed by

institutions in other Member

States

State Address No No

168 279

MS Register Owner Comments

Present Search

Register

State Unified

Computerised

Land Registry

Yes Yes Only certain persons can search

the information using person

identification data (police bailiffs

government officials and such)

Current legislation does not allow

that to be performed by institutions

in other Member States

Land Register Yes NA

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre

National Land

Registry

Yes Yes The land registry host information

about each property owner

including his marital status name

of spouse address The land

registry also has information about

other right in rem It identifies the

usufructuary and the person

entitled to the use or fruition of the

immovable property among

others Search limited by data

privacy rights Not available on-

line

Tax Id of the

property

Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Cadastre Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No

Real property

register

(consist of both

cadastre and land

register)

Yes Yes Search limited to registration

officers users

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land Yes Yes Search on trustee tenant

169 279

MS Register Owner Comments

Present Search

Registry

Information

System

E

ngla

nd a

nd W

ales

Register of

title

Yes Yes If the registered proprietor is a

company or limited liability

partnership this will include the

company number as registered by

the Registrar of Companies The

proprietorship register will also

include up to three addresses for

service and other matters affecting

the proprietor in relation to the

land

If the registered proprietor is a

natural person only very limited

categories of people can search for

the name in the index of

proprietorsrsquo names

Register of

cautions

against first

registration

NA No

Land

Charges

Registers

(relate to

unregistered

land)

Yes Yes

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes

Registry of

Deeds

Yes Yes

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes Yes

Crofting

Register

Yes NA

Table 23 Ownership

170 279

444 Known encumbrances

MS Register Known

encumbrances

Comments

Present Search

Grundbuch (Land

book land register)

Yes No

Cadastre No No

Address register No No

Land register Yes No

Cadastre No No

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

Yes No

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry Yes NA

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes NA

Land cadastre No No

Regional Land

Registry Offices

Yes NA Available in both systems Namely

mortgages pre-notifications of

mortgages seizures judicial

orders prohibiting transfer

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes NA

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes Mortgage obligation ensured

amount of mortgage with

distinction of guaranteed sums

(capital interest and costs)

deadline Spanish LR allows

syndicated mortgage credits and

lsquofloatablersquo mortgages ie one

171 279

MS Register Known

encumbrances

Comments

Present Search

mortgage for various present or

future loans

Legal mortgages have to be also

registered

These include charges sub-

charges leases and covenants to

which the land is subject and

notes of any statutory limitations

on the proprietorrsquos powers Those

charges are clearly identified with

their name time of constitution

limitations they produce and their

deadline

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

Yes No Only land easements

FIDJI Yes Yes

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes No Mortgage easement restrictions

etc

National Land

Register

Yes No All encumbrances capable of

registration under Registration of

Title Acts such as mortgages

easements Certain rights effect

without registration and a

purchasermortgagee must make

appropriate lsquooff registerrsquo enquiries

Registration of

Deeds

No No

Land registers Yes Yes There is not a specific kind of

search to find out the

encumbrances only

With reference to a subject (X) it

is possible to search only the

inscription formalities

(mortgages) or all the formalities

lsquoagainstrsquo that subject thus

obtaining a document called

lsquosynthetic listrsquo and then finding out

172 279

MS Register Known

encumbrances

Comments

Present Search

the interesting formalities within

that list

Cadastre No No

Libro Fondiario

della provincia di

Trento

Yes No

Real Property

Register

Yes Yes The Real Property Register

contains a note on the mortgage

and seizure Full information on

mortgage is stored in the Mortgage

Register while full information on

seizure is stored in the Register of

Property Seizure Acts

3 Bureaux des

Hypothegraveques

No No

National Real

Estate Cadastre

Information

System

Yes No

State Address

Register

No No

State Unified

Computerised

Land Registry

No No

Land Register Yes Yes Search possible If and as indicated

on application for registration and

also on which title it is based

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre NA NA

National Land

Registry

Yes No Mortgages and other

encumbrances are inscribed at the

land registry

Tax Id of the

property

No No

Cadastre No No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA

Real property

register

(consist of both

cadastre and land

Yes No

173 279

MS Register Known

encumbrances

Comments

Present Search

register)

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land

Registry

Information

System

Yes No

Engla

nd a

nd W

ales

Register of

title

Yes No

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some burdens are shownsome

not

Registry of

Deeds

Yes Yes Sometimes are

providedsometimes not

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes NA Contained in list of deeds some

interpretation required

Crofting

Register

No No

Table 24 Known encumbrance

445 Purchase price

MS Register Purchase price Comments

Present Search

Grundbuch (Land

book land register)

Yes No Is part of the contract that

document is available on-line (pdf

format)

Cadastre No No

174 279

MS Register Purchase price Comments

Present Search

Address register No No

Land register Yes No

Cadastre No No

Property register Yes No The purchases price is not visible

on-line therefore itrsquos not a search

criteria

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

No No In paper contracts only not on-

line

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry No No Maintenance of transaction details

is a statutory task in Germany

(market transparency) information

is maintained in separate

databases not in cadastre or land

register

It is part of the files which are

kept by the Land Registry (in

German terms lsquoGrundaktenrsquo) The

data are also stored by the

municipalities department expert

committees (in German terms

lsquoGutachterausschussrsquo)

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes No Purchase price can be found from

the deed based on legitimate

interest

Land cadastre No No

Regional Land

Registry Offices

Yes No It is not an element of registration

however the relevant information

can be obtained since a copy of

the deed mentioning the price is

always needed and stored in the

175 279

MS Register Purchase price Comments

Present Search

Land Registries and Cadastral

Offices

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes No

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes The purchase price or the value set

by the parties in the deed is

registered when given However

due to data protection reasons it is

only given in an excerpt only

when specifically claimed under a

legitimate interest that will have to

be controlled by the registrar or

when required by a judge or a

public authority

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

No No

FIDJI Yes Yes

AMALFI Yes No

Land Registry No No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

No No

National Land

Register

No No Data collected and stored by the

Authority but not shown on Land

Registry public register

Registration of

Deeds

No No

Land registers No No It is always specified in the deed

but its presence in the notation is

only possible because this

information is not compulsory for

land registers

Cadastre No No

Libro Fondiario

della provincia di

Trento

No No

Real Property

Register

Yes No

176 279

MS Register Purchase price Comments

Present Search

3 Bureaux des

Hypothegraveques

Yes No

National Real

Estate Cadastre

Information

System

Yes No Information about purchase price

comes from Land Registry

State Address

Register

No No

State Unified

Computerised

Land Registry

Yes No

Land Register No No

Kadaster-on-Line

(webservice)

Yes No

New Land Book No No

Cadastre NA NA

National Land

Registry

No No That information is presented to

land registry in the deed that

remains digitally archived but is

not inscribed on the property

sheet

Tax Id of the

property

No No Tax administration has tax value ndash

but this value does not match the

price

Cadastre No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA Not always present

Real property

register

(consist of both

cadastre and land

register)

Yes No

The electronic

Land Register

(eZK)

No No

ISKN ndash Land

Registry

Information

System

No No The purchase price is stored in the

collection of documents at the

regional District Office Cadastral

Departments where the data has

been collected

Engla

nd

and

Wal

es Register of

title

Yes No Purchase price or the value stated

for the purpose of the registration

fee where there was no purchase

price This applies to registrations

177 279

MS Register Purchase price Comments

Present Search

since October 2003

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some transfers are for natural love

and affection ndash where there is no

purchase price

Registry of

Deeds

Yes NA Sometimes providedsometimes

not

Statutory

Charges

Register

No No

Sco

tlan

d Land

Register

Yes Yes Search available as an off-line

request

General

Register of

Sasines

Yes Yes Search available as an off-line

request

Crofting

Register

No No

Table 25 Purchase price

178 279

45 Language

The table in the current section lists languages in which the data is available in the various

Member States registers

MS Primary language Other language

German Not present

Dutch

French

German

Not present

Bulgarian Not present

Greek Not present

Czech Not present

German NA

Danish Not present

Estonian Inquiries can be made in English but answers are

always given in Estonian

Greek Not present

Spanish All the other official languages of the country

Catalan in Catalonia Balearic Islands and

Valencia

Gallego in Galicia and Vasque in the

Vasque Country

English

Finish

Swedish

English (to be implemented)

French Not present

Croatian Not present

Hungarian Not present

English Irish

Italian Not present

Lithuanian For the users of EULIS service information is provided

in English

French Not present

Latvian State Unified Computerised Land Registry Section

names are available in English content is available in

Latvian only

National Real Estate Cadastre Information System and

State Address Register Interface is available in

English content is available in Latvian only

Maltese English as a general rule lsquoCertificates of Titlersquo are

issued in Maltese

Dutch Not present

Polish Not present

Portuguese Not present

Romanian Not present

Swedish Headlines in English

Slovenian Not present

179 279

MS Primary language Other language

Slovak The information could be provided in a national

minority language That is possible only in specific

regions where population of national minority is at

least 20

English Welsh for land in Wales

Table 26 Member States Registers language

46 Usage costs and payments methods per Member State

In this section we report on the following information that was collected for each Member

State

What land data is available for free

What is the cost for accessing the non-free data

What are the accepted means of payment (eg cash money transfer etc)

What are available timings of payments (eg pre-paid subscription etc)

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

subscription credit card Fee is always

required

NA

pre-paid creditdebit

card

direct debit

Fee is always

required

NA

pre-paid money

transfer (at

bank office

or on-line)

credit card

Fee is always

required

Every service provided

on-line is at the cost of 1

BG leva (approximately

050euro)

NA creditdebit

card

(planned in

future)

Fee is always

required

NA

post-paid money

transfer

creditdebit

card

cash

Fee is always

required except for

notaries and other

authorised providers

based on the law

The fee for a page A4 is

at present 50 CZK

(approximately 2euro) and

average output has 2

pages

NA NA NA NA

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

The exemption from

payment is made in

the following cases

1 A person making

inquiry about

himself

The inquiry fee is 1euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

180 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

2 A person making

inquiry while

performing a public

function provided for

in the law such as

a Government

agency

b Court

c Local

government

agency

d Notary

e Bailiff etc

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro The

inquiry fee is 1 euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro

pre-paid money

transfer

direct debit

Fee is always

required

Certificate of registration

of a land transaction

45euro

Certificate of cadastral

registrations of subsets of

property rights about a

property 45euro (for each

subset of property rights)

Certificate of cadastral

registrations of a

physicallegal person

45euro (for each category

of property

rightstransactions)

Certificate of absence of

cadastral registrations

about a physicallegal

person 45euro

Copy of a propertyrsquos

cadastral sheet 45euro (for

each double-faced page

of the cadastral sheet)

Copy of a deed or a

document from the

cadastral survey archives

45euro (for each double-

faced page of the deed or

the document)

Copy of a propertyrsquos

181 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

cadastral map extract

15euro

Copy of a propertyrsquos

cadastral map extract

containing the

coordinates of the

propertyrsquos boundaries

33euro

pre-paid

post-paid

creditdebit

card

direct debit

Fee is always

required

Simple informative notes

requested on-line 9euro +

VAT (21)

Certifications requested

on-line 30euro + VAT

(21)

post-paid NA Fee is always

required

NA

Requests to

DGFI

(Ministry of

Finance)

One for

each

request at

the time of

sending the

request

Bank cards

(the usual

set visa

etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

Fee is always

required

From 12euro (real

estatepersons) to 30euro

(full description of a co-

property)

Requests to

AMALFI

Copies are

delivered

after

payment

Bank cards

on the web

site

wwwlivrefo

ncierfr

Transfer

Chegraveque

Fee is always

required

From 5euro (real

estatepersons) to 25euro

(annexe)

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

NA Prices and fees of data

servicing and the other

relevant instructions are

determined by the Act

LXXXV1996

pre-paid

subscription

creditdebit

card

Fee is always

required

All users have equal

access on payment of a

prescribed fee under

Statutory Instrument SI

3802012 Land

Registration (Fees) Order

2012 and under Statutory

Instrument SI 512008

Registration of Deeds

182 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

(Fees) Order 2012

NA On-line

financial

services of

Poste

Italiane (the

Italian

Postal

Service)

credit card

Postepay

card

1 Consultation of

cadastral data

through a simple

identification of

the user by fiscal

code - all the

cadastral data

related to the real

estate except for

data concerning

the ownership

2 Consultation of

cadastral data

after registration

to the on- line

services of

Agenzia delle

Entrate all the

cadastral data

including those

concerning the

ownership Free

of charge when

the applicant is

the holder also

by share of a

property right or

other rights in

rem on the real

estate to which

the request of

information

refers

3 When the

applicant is the

holder also by

share of a

property right or

other rights in

rem on the real

estate to which

the request of

information refers

Everyone has to pay a fee

for a legal certificate

- a 15 euro stamp duty each

4 pages of the document

and

- a specific amount which

depends on the kind of

the requested document

Other examples of

payments

- for each searched name

an amount of 945euro is

due

- if in the list of

documents related to the

subject (person) there are

more than 30 notes an

additional payment of

473euro for each group of

15 notes is due

- for every consulted note

540euro are due

pre-paid money Exceptions from The procedure for

183 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid

subscription

transfer

creditdebit

card

direct debit

payments are

established in the

Law on State

Registers of the

Republic of Lithuania

and other laws

calculating payment for

the use of Register data is

established by the

Government of the

Republic of Lithuania

More details can be

found in section 4817

At the

moment of

delivery of

information

cash Fee is always

required

A fee of 050euro or of

074euro is due for each

copied page of

information delivered by

the register

State Unified Computerised Land Registry

post-paid

subscription

creditdebit

card

Finding if a property

is registered in Land

Register and when

the request is about

self-owned properties

4980euro per month and

285euro per folio viewed

National Real Estate Cadastre Information System and State Address Register

unregistered

users

pre-paid

registered

users

post-paid

subscription

unregistered

users

SMS

payment

Internet

banking

creditdebit

card

registered

users

money

transfer

Everyone can freely

search by property

address cadastral

number folio

number

Amount of payment

depends on the data type

delivery method and

license agreements (end

users or data distributors)

- real data base files

tables geospatial data or

just viewing services at

portal or special web

services for direct

database connection For

example to see full

cadastral information

about one property at

portal costs 285euro

geospatial information

download for one parcel

costs 256euro

pre-paid cash

cheque

Fee is always

required

For Official Search

Requests the fee

prescribed by law is

466euro whereas the fee

for a land registry plan is

233euro Copies of

certificates of title are

provided at a fee of 233euro

each

pre-paid money

transfer

Fee is always

required

NA

184 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

creditdebit

card

direct debit

available for

free

available for

free

All data is available

for free

Available for free

pre-paid creditdebit

card

at ATM

via

eBanking

Fee is always

required

1 Land registry

lsquopermanent certificatersquo

a) Ordered on-line - euro 15

b) Ordered at registry

service - euro 20

2 Simplified Land

Registry Information (on-

line)

a) Ordered On-line - 6 euro

b) Ordered at registry

service - euro 10

NA NA Fee is always

required exceptions

regulated by different

laws mainly for

public institutions or

authorities

information provided

to the court police

prosecutors etc is

free of charge

NA

NA NA If you are a property

owner and have an

electronic-ID you

can access your own

property for free

For public use there is a

Geodata sharing model

for Swedish public

administration with a

yearly fee depending on

use

For commercial users is a

transaction fee

For researchers there is a

discount

available for

free

available for

free

All data is available

for free

Available for free

pre-paid money

transfer

cash

Searching through the

Cadastral portal is

free of charge

However obtained

information (eg

Ownership

Document) has only

informative character

The fee for issuing of a

copy of the original of an

Ownership Document is

8euro There are other

charges for services

which are mentioned in

the Act on

Administrative Fees

1451995

England and Wales

pre-paid creditdebit Fee is always Fees are paid in

185 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid card

direct debit

required accordance with the

current Land Registration

Fee Order 2013

Northern Ireland

NA cash

suspense

account

creditdebit

cards

Fee is always

required

Fees are governed by

Statute ndash the Land

Registry Fees Order and

Registry of Deeds Fees

Order

Scotland

pre-paid (for

ad hoc

queries)

post-paid

debit card

(for ad hoc

queries)

direct debit

Fee is always

required

Fees are charged per

enquiry (currently pound3)

Table 27 Registers usage costs

47 Overview of Member Statesrsquo memberships

That section indicates which Member Statesrsquo organisations and authorities belong to

international associations or networks

MS ELRA EULIS PCC CLGE

Non-member Bundesministeri

um fuumlr Justiz

Bundesamt fuumlr

Eich und

Vermessungswe

sen

Bundeskammer der

Architekten und

Ingenieurkonsulenten

(BAIK)

Bundesfachgruppe

Vermessungswesen

Oumlsterreichische

Gesellschaft fuumlr

Vermessung und

Geoinformation

(OVG)

Patrimonial

Documentation of

Belgium

Royal Belgian

Federation of

Mortgage Keepers

Non-member

pending

Administration

geacuteneacuterale de la

Documentation

patrimoniale

(Cadastre

Enregistrement

Domaines et

Hypothegraveques) -

Algemene

Administratie

van de

Administration

Centrale du

Cadastre

de

Lenregistremen

t et des

Domaines

Ordre Belge des

Geacuteomegravetres-Experts

asbl

Belgische Orde van

Landmeters-Experten

vzw

Union Belge des

Geacuteomegravetres-Experts

Immobiliers (UBG)

Belgische Unie van

Landmeters-Experts

(BUL)

Nationale Vereniging

van Landmeters-

186 279

MS ELRA EULIS PCC CLGE

Patrimoniumdo

cumentatie

(Kadaster

Registratie

Domeinen en

Hypotheken)

Experten (NVLE)

Association

Nationale de

Geacuteomegravetres-Experts

(ANGE)

Bulgarian

Registry Agency

Non-member Geodesy

Cartography

and Cadastre

Agency

Union of Surveyors

and Land Managers

Bulgarian Chamber

of graduated

Surveyors

Department of

Lands and

Surveys

Non-member Department of

Lands and

Surveys

The Cyprus

Association of Rural

and Surveyor

Engineers (CARSE)

Non-member Non-member

pending

Czech Office

for Surveying

Mapping and

Cadastre

Czech Office

for Surveying

Mapping and

Cadastre

Chamber of

Surveyors and

Cartographers (KGK)

in co-operation with

the

Czech Union of

Surveyors and

Cartographers

(CSGK) and with the

Czech Office of

Surveying Mapping

and Cadastre (CUZK)

Bund Deutscher

Rechtspfleger

Non-member Arbeitsgemeins

chaft der

Vermessungsve

rwaltungen der

Laumlnder der

Bundesrepublik

Deutschland

(Adv)

Bund der Oumlffentlich

bestellten

Vermessungsingenieu

re EV (BDVI)

Deutscher Verein fuumlr

Vermessungswesen e

VGesellschaft fuumlr

Geodaumlsie

Geoinformation und

Landmanagement

(DVW)

Non-member Non-member Agency for

Geodata

Den Danske

Landinspektorforenin

gThe Danish

Association of

Chartered Surveyors

(DdL)

Praktiserende

Landinspektoslashrers

ForeningThe Danish

Association of

Licensed Surveyors

in Private Practice

187 279

MS ELRA EULIS PCC CLGE

(PLF)

Observer member

Centre of

Registers and

InfoSystems

Non-member

pending

Kinnistusraamat

(Land Register)

MAA - AMET -

Estonian Land

Board

Eesti Geodeetide

UumlhingAssociation of

Estonian Surveyors

Land Registrars

Association of

Greece

Non-member Ktimatologio

AE

Hellenic Association

of Rural and

Surveying Engineers

(HARSE)

Technical Chamber

of Greece

Colegio de

Registradores de

Espantildea

Colegio de

Registradores

de la Propiedad

mercantiles y de

bienes muebles

de Espantildea

Direccioacuten

General del

Catastro

Colegio Oficial de

Ingenieros Tecnicos

en Topografia

Observer member

Maanmittauslaitos

Maanmittauslait

os

Maanmittauslait

os

Maanmittausinsinoumloumlri

en Liitto ry

Maanmittausalan

ammattikorkeakoulu-

ja opistoteknisten

liitto MAKLI ry

Association des

Conservateurs

Drsquohypothegraveques de

France

Non-member Ministegravere de

Leacuteconomie des

Finances

et de Lindustrie

Direction

Geacuteneacuterale des

Impocircts

Ordre des Geacuteomegravetres-

Experts (OGE)

Observer member

Ministry of Justice

Non-member Državna

Geodetska

Uprava

Hrvatska komora

ovlaštenih inženjera

geodezije (Croatian

Chamber of

Chartered Geodetic

Engineers)

Non-member Non-member Institute of

Geodesy

Cartography

and Remote

Sensing (FOumlMI)

Section for Surveying

and Geoinformation

of the Hungarian

Chamber of

Engineers (MMK

GGT)

Hungarian Society of

Surveying Mapping

and Remote Sensing

(MFTTT)

Association of the

Hungarian

Geoinformatic and

Geodetic Surveying

188 279

MS ELRA EULIS PCC CLGE

Enterprises

(MFGVE)

Property

Registration

Authority

Property

Registration

Authority

Property

Registration

Authority

Ireland

Irish Institution of

Surveyors (IIS)

Agenzia delle

Entrate

Servizio Libro

Fondiario

Non-member Agenzia delle

Entrate

Consiglio Nazionale

Geometri e Geometri

Laureati

Registru Centras

Central Mortgage

Office of the

Republic of

Lithuania

Registru

Centras

Registru

Centras

Lietuvos matininku

asociacija

(LMA)Lithuanian

Association of

Surveyors

Administration de

lrsquoenregistrement et

des domaines

Non-member Administration

du Cadastre et

de la

Topographie

Ordre

Luxembourgeois des

Geacuteomegravetres (OLG)

Observer member

Department of

Courts and Land

Registers Court

Administration

Ministry of Justice

Non-member

pending

State Land

Service

(provided

system is

called National

Real Estate

Cadastre

Information

System)

Valsts Zemes

Dienests

Latvijas Mērnieku

biedrība

LMBLatvian

Association of

Surveyors

Non-member Non-member Land and Public

Registry

Malta Institution of

Surveyors

Kadaster Kadaster Kadaster Geo Informatie

Nederland (GIN)

Hydrographic Society

GeoBusiness

Nederland

Polish Association

of Registrars

Non-member Głoacutewny Urząd

Geodezji i

Kartografii

Chamber of

Surveying

EnterprisesGeodezyj

na Izba Gospodarcza

Polish Commercial

Geodesy Employers

Association of

Geodetic

Cartographic

FirmsPolska

Geodezja

Komercyjna Krajowy

Związek

189 279

MS ELRA EULIS PCC CLGE

Pracodawcoacutew Firm

Geodezyjno-

Kartograficznych

Instituto dos

Registos

Associaccedilatildeo

Sindical dos

Conservadores

dos Registos

Non-member

Instituto

Geograacutefico

Portuguecircs

Portuguese

Geometers

Association

Agentia Nationala

de Cadastru si

Publicitate

Imobiliara

Romanian Land

Registry

Association

Non-member Agentia

Nationala de

Cadastru si

Publicitate

Imobiliara

Romanian

Association of

Private Surveyors

(RAPS)

Romanian Union of

Geodesy (RUG)

Observer member

Lantmaumlteriet

Lantmaumlteriet Lantmaumlteriet The Swedish

professionals for the

built Environment

Observer member

Supreme Court of

Justice of

Slovenia

Non-member

pending

The Land

Registry

(Zemljiska

knjiga)

Geodetska

Uprava

Republike

Slovenije

Slovenian chamber of

engineers ndash section of

surveyors

Non-member

Not a member

but partly

connected

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Chamber of

Surveyors and

Cartographers (KGK)

Slovak Mining

Society (SBS)

England and

Wales

Land Registry

Scotland

Registers of

Scotland

England and

Wales

Land Registry

Scotland

Registers of

Scotland

Ordnance

Survey

Britains

National

Mapping

Agency

The Royal Institute of

Chartered Surveyors

79 29 100 100

Table 28 Member State membership

190 279

48 Member States profiles

This section contains profiles of all Member States participating in the study For each the

following basic information is presented

Registers on-line ndash types of registers available on-line

Access for the following users ndash which users have access to land data

RegistrationAuthentication process ndash conditions for getting access

User can search by ndash what data can be used for searches

Access by other MS ndash described whether access for users from other Member State is

available

National legislation ndash main points of national legislation related to data protection

Language ndash in what language(s) data is available

Legal status of the provided information ndash what is the legal status of the data retrieved

from the register

Payment ndash payments related information

Pilot project ndash willingness of the Member State to participate in the pilot project

481 AT

Registers on-

line

Land register Cadastre

Access for the

following users

Access is open to the public and for anyone interested via

internet the only restrictions concern search with regard to

persons

Registration

Authentication

process

Anonymous customer number of the clearing house

User can

Search by

Access by

other MS

Yes

National

legislation

No search with regard to persons each search or document has to

be paid

Language German

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Payment is always required Payment mode is subscription

payment method is credit card

Pilot project Yes

Grundbuch Cadastre Address register

Search by name (YN) n n n

Search by address (YN) y y y

Search by property identification number (YN)

y y

Search by map (YN) y y n

Other (please specify)

191 279

482 BE

Registers on-

line

Land register Cadastre

Access for the

following

users

Anyone wishing to consult the land register or the cadastre can do

so if a legitimate interest in obtaining the information is

demonstrated Notaries are allowed to access to more information

than the citizens

Registration

Authentication

process

ID Card

User can

Search by

LR No Cadastre Parcel address Parcel ID Property

coordinates Owner Map Known encumbrances Purchase price

Access by

other MS

Yes

National

legislation

All citizens can have access to their own data Land data are

limited by privacy

Language French Dutch German

Legal status of

the provided

information

Legal certificate Parcel address Parcel ID Property coordinates

Owner Map Known encumbrances Purchase price

Payment Only pre-paid Fee - creditdebit card direct debit

Pilot project Yes in principle Naturally depending on the development to be

done (or not) to be connected

483 BG

Registers on-

line

Property register Cadastre register

Access for the

following

users

LR is public with the same level of on-line access

Registration

Authentication

process

User access divided into roles only for the purpose that some of

them have free access The registered users need to verify their

accounts via the e-mail that they have provided (logging onto

their email and verifying a link) After that they can log by user

name and password

User can

Search by

Property register Parcel address Parcel ID Owner Known

encumbrances

Access by

other MS

All users can obtain the same information after making a

registration and pay for the services of the portal

They can search by name address property identification

number

National

legislation

All information is public

Language Bulgarian

Legal status of

the provided

Official documents are issued only on paper in the Registry

Agencyrsquos offices They are stamped by Registry Agency and

192 279

information signed by Entry judge They are not available via internet

Payment Bank payment electronic payment

Pilot project Yes

484 CY

Registers on-

line

Land register and Cadastre within the Cyprus Integrated Land

Information System (CILIS)

Access for the

following

users

Registration

Authentication

process

As far as the civil servants who use the internal CILIS IT System

are concerned there is an internal registration and authentication

process As far as the rest of the categories who will have access

to the Government Gateway by Mid-2014 there will be a

registration and authentication process in the Gateway itself In

addition and for some Gateway applications an extra

authentication in-person may be required and will be dealt with

by the Citizen Service Centre in Cyprus or by the Cyprus

Embassies abroad Plans are also made that by the year 2015 an

e-card using e-signatures will also be available therefore the

authentication in person will not be necessary anymore

User can

Search by

Access by

other MS

Yes

Regarding access to the register and the so-called lsquoproperty

searchrsquo please find below a summary of the legislation that deals

with all users in general

Under section 51A of the Law Cap224 the Director of the

Department of Lands amp Surveys may provide any interested

person with any information recorded in the Land Register or in

any other file or book kept with any District Lands Office current

or previous including among others the history of each property

or all immovable properties of each owner and a very wide range

of information for each property and every transaction affecting

thereof It also allows the inspection of files or other documents

193 279

by lsquointerested personsrsquo in the presence of an officer of the

Department

A search certificate is issued only after the respective application

has been filed and the prescribed fees have been paid to the

Department of Lands and Surveys

Only an lsquointerested personrsquo or hisher agent or attorney may file

an application to be issued a lsquosearch certificatersquo

lsquoInterested personsrsquo means the owner of the property his heirs

devisees and legatees the owner of any trees buildings or other

objects on the land which belongs to another and vice versa the

person entitled to any right or interest in the immovable property

who satisfies the Director that he is a prospective purchaser or

mortgagor the plaintiff in any action against the owner of such

property the professional valuer who may require certain

information for purposes of evaluating certain immovable

property in a case relating to compulsory acquisition and includes

any person not thus specified to whom the Director may

specifically order that any information be furnished

The following persons are to this day specified as lsquointerested

personsrsquo Land Surveyors members of the Cyprus Scientific and

Technical Chamber Estate Agents the Director of the Council

for Registration and Control of Building and Civil Engineering

Contractors spouses or former spouses banking institutions

owners of adjacent properties accountants or auditors and

persons that have in their favour a decisionorder of the Court

regarding the property of the defendant

At the time of filing of any application for the issue of a search

certificate all applicants are advised to produce their identity card

and give the particulars of the property for which the information

is requested as well as provide any documents proving that they

are lsquointerested personsrsquo (eg certificate of registration certificate

of death and heirs etc) Where the information requested

concerns the properties of a specific person full particulars of his

name place of origin full address and whenever possible his

identity number should be given

National

legislation

Mentioned above

Language On line information will only be available in Greek for the time

being Any manual information may be translated in English

Legal status of

the provided

information

Legal Certificate Register Data

Payment The Government Gateway will require a pre-paid fee

194 279

Pilot project No for the time being

485 CZ

Registers on-

line

Information system of the cadastre of real estate (ISKN)

Registry of the Territorial Identification Addresses and Real

Estate

Access for the

following users

Information system of the cadastre of real estate

Paid service is available for everybody (citizens) free of charge

service is available for government and local self-government

organizations notaries and other authorized providers based on

the law

Registry of the Territorial Identification Addresses and Real

Estate

Free of charge service available to everybody

Registration

Authentication

process

Every applicant having the intention to get the access to the

Information system of the cadastre of real estate ndash remote access-

has to ask it in the form of request He must fill in the form to be

found on the website in which he mentions his name address

type of payment how often the invoice(s) should be sent to him

(there are some possibilities) etc Based on that request he

receives the confirmation and agreement together with his User

ID and password For citizens of other Member States there can

be a bit modified agreement but there is not any legal restriction

regarding the availability of the ISKN registry for foreigners

There is no possibility to get the legal output (authorised and

having the status of legal document) on-line without registration

195 279

Such an output can be obtained for single user in any cadastral

office or at any authorised provider or certifier (some notaries

post offices Contact points of Czech state administration -

CzechPoints)

There is another service lsquoconsultation the CRErsquo which is

available for everybody free of charge and users can get only

limited information from CRE serving for information only not

for legal purposes

User can

Search by

Access by

other MS

Yes

National

legislation

Everybody can get the access to the electronic data administered

in ISKN under conditions stated in the regulation to apply the

Cadastral Law (Act Nr 2562013 sect55 point 3) - based on

registration

Language Czech

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Registered user must pay for all provided outputs from

Information system of the cadastre of real estate The fee for a

page A4 is at present 50 CZK (approximately 2 Euros) and

average output has 2 pages

Registered user is invoiced after ending the accounting period

(monthly quarterly or yearly)

The invoice can be paid via money transfer creditdebit card or

even cash at the cadastral office-that option is not used very

often

Pilot project No

ISKN RUacuteIAN

Search by name (YN) y no

Search by address (YN) no y

Search by property identification number (YN) y n

Search by map (YN) y y

Other (please specify)

196 279

486 DE

Registers on-

line

Land registry Real estate cadastre

Access for the

following

users

Land registry

Real estate cadastre

Registration

Authentication

process

NA

User can

Search by

NA

Access by

other MS

NA

National

legislation

NA

Language German

Legal status of

the provided

information

NA

Payment NA

197 279

Pilot project NA

487 DK

Registers on-

line

Den Digitale Tingbog

(The Digitised Land Register)

Access for the

following

users

For everybody there is available summary information only

All information is available with logon by Danish digitised

signature

Registration

Authentication

process

Access by Danish digitised signature ndash does not require that the

system knows the user

User can

Search by

Access by

other MS

The system is open to everyone and there are no limitations

neither in terms of data nor roles

National

legislation

Due to existing Danish legislation full access is given by Danish

digitised signature

Language Danish

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment No fees

Pilot project No

488 EE

Registers on-

line

Land register Land cadastre

Access for the

following

Everyone some for free some with a fee

YN

Search by name N

Search by address Y

Search by property identification number N

Search by map N

Other (please specify) N

198 279

users

Registration

Authentication

process

Authentication is needed in the following cases

1 In case user wants to see personal LR information documents

etc authentication can be done by using ID-card mobile-ID or

on-line bank authentication

2 In case contractual user makes inquiries via website

kinnistusraamatrikee authentication can be done by using

username and password or ID-card Authentication is needed in

order to distinguish users who have to pay the fee (banks etc) and

users who get LR information free of charge (notaries

government agencies etc)

3 Contractual users who are obligated to pay the fee (banks

registered lawyers etc) can also use xml-services In that case

username and password is needed for authentication

4 Contractual users who get LR information free of charge can

also use x-road services in order to make inquiries directly from

the information system they are using (eg e-Notary) In that case

authentication is not needed since it is already done

User can

Search by

Access by

other MS

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

National

legislation

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

Language Estonian inquiries can be made in English but answers are

always given in Estonian

Legal status of

the provided

information

Provided information is legally valid and has the state guarantee

at the time of inquiry

199 279

Payment Fee Credit and insurance institutions Registered lawyers

member of the Bar

Free Notaries and Civil servants A person making inquiry about

himself or herself in the state portal (wwweestiee) A person

making inquiry while performing a public function provided for

in the law such as Government agency Court Local government

agency Notary Bailiff etc

Pre-paid and post-paid (money transfer creditdebit card direct

debit etc)

Pilot project Yes Estonia would like to become a lsquoPilot projectrsquo for

implementing testing and evaluating Land Register

interconnection in the framework of the European e-Justice

Portal

489 EL

Registers on-

line

Regional Land Registry Offices

National Cadastre

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation then the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those Transitional

Cadastral Offices there are capabilities for on-line access to the

relevant land data Gradually (up to 2020) all traditional

lsquoRegional Land Registry Officesrsquo as well as lsquoTransitional

Cadastral Officesrsquo would be converted to the lsquoPermanent

Cadastral Officesrsquo and thus it would be possible to have on-line

access in all of them

Access for the

following

users

Registration

Authentication

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Notaries N Planned (expected to access the system through web services) 2016

2 Registered lawyers member of the Bar

N Planned (expected to access the system through web services) 2016

3 Surveyors N Planned (expected to access the system through web services) 2016

4 Registered Users N For certain areas of the operating Cadastre in which the cadastral surveying process has started after 2006 The Ministerial Decision for enabling registered users to have direct access to the first registrations of their properties was signed in March 2014 Activation of this capability will take place in the forthcoming months

200 279

process other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

User can

Search by

Regional Land Registry Offices

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those offices there are

functionalities in the computer systems that enable searches listed

in the table below (the one that corresponds to the lsquoNational

Cadastrersquo) Gradually (up to 2020) all traditional lsquoRegional Land

Registry Officesrsquo as well as the lsquoTransitional Cadastral Officesrsquo

would be converted to the lsquoPermanent Cadastral Officesrsquo and

thus it would be possible to perform the types of searches listed

below in all of them

Access by

other MS

Yes

National

legislation

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

Language Greek

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Certificate of registration of a land transaction - certifies that a

specified land transaction is registered

Regional Land

Registry Offices

National Cadastre

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Y

201 279

Certificate of cadastral registrations of subsets of property rights

about a user-specified property - lists the cadastral registrations of

certain user-specified types of rights that have been registered

about a real property

Certificate of cadastral registrations of a physicallegal person -

lists the cadastral registrations that pertain to a specified person

Certificate of absence of cadastral registrations about a

physicallegal person - it certifies that a given physicallegal

person does not have any property or other registered right

Copy of a propertyrsquos cadastral sheet - it contains the history of all

legal information about a property (ownership encumbrances

etc)

Copy of a deed or a document from the cadastral survey archives

Copy of a propertyrsquos cadastral map extract - it depicts the location

of the property into the National Grid and the neighbouring

properties

Copy of a propertyrsquos cadastral map extract containing the

coordinates of the propertyrsquos boundaries - it depicts the location

of the property and contains the coordinates of the propertyrsquos

boundaries into the National Geodetic Reference System

Payment Pre-paid for all types of users via money transfers or direct debit

Pilot project With the currently available financial and human resources in the

cadastral agency no However if the pilot study was financed

from other sources then the possibility for the Hellenic National

Cadastre and Mapping Agency to become a lsquopilotrsquo point could be

considered

4810 ES

Registers on-

line

Land Registry (provides on-line access to data from around 1000

Land Registers) Spanish Directorate for Cadastre (responsible for

95 of the Spanish territory) Other 4 cadastral organisations

responsible for 5 of the Spanish territory Servicio de Riqueza

Territorial de Navarra Catastro de Aacutelava Catastro de Guipuacutezcoa

Catastro de Vizcaya

Access for the

following

Land Registry System Civil servants Notaries When a

legitimate interest is claimed Registered lawyers member of the

202 279

users Bar Credit and insurance institutions Justice (judges or

experienced justice professionals) Access is already organised

via EULIS for everyone Access is available also to the registered

owner mortgagee and mortgagor

Spanish Directorate for Cadastre Civil servants Notaries

Registered lawyers member of the Bar Credit and insurance

institutions Justice (judges or experienced justice professionals)

Additionally financial institutions lawyers legal representatives

account auditors administrative managers real estate agents and

other professionals developing similar businesses as well as the

Public Entities and detectives provided that they declare the

reason for such consultation and this is in agreement with the

purposes of the Registry

Examples of legitimate interests

Foreign judge needing the information for a certain civil or

criminal procedure foreign solicitor lawyer or notary needing the

information to perform a certain conveyance over the property

In the application forms available to get the information there are

some common interests that can be alleged

bullLegaleconomic investigation on credit solvency or

responsibility

bullLegal investigation on object ownership or limitations

bullInvestigation for contracting or mediation of shares

bullThe applicant is a registered owner of some landed property

Registration

Authentication

process

Information is requested in the asynchronous way User and a

password can be created facilitating the process of information

request When verification is done through credit card all users

have the same rights and access No one have direct access to the

data base itself

User can

Search by

Parcel address Parcel ID Property coordinates Map (graphic

bases) Deed Owner Purchase price Mortgages Known

encumbrances

Access by

other MS

Yes

203 279

National

legislation

Data protection regulation

Language Spanish and all the other official languages of the country

- catalan in Catalonia Balearic Islands and Valencia

- Gallego in Galicia and Vasque in the Vasque Country

English (and soon in other foreign languages)

Legal status of

the provided

information

Legal certificate every legal data provided ownership burdens

encumbrances attachments hellip

Payment Fee Post-paid (Users with password and account registered pay

once a month and are charged directly to their bank accounts) and

Prepaid (Credit card provided by the user every time a request is

done The credit card details can be filed in with the users account

so that there is no need to enter them every time)

Soon payments through mobile phones will be admitted

Pilot project Yes

4811 FI

Registers on-

line

Land Register called lainhuuto- ja kiinnitysrekisteri in Finnish

Cadastre

National Land Information System

Purchase price register

Access for the

following

users

Owner encumbrances and price data is accessible on-line only to

users in below categories 1-5 For what concerns the

identification informationdata of an individual relevant land data

entity of Land Register the information is accessible to everyone

Registration

Authentication

process

The national law requires acceptance of a personal user request in

a written application form for each category of user

204 279

User can

Search by

Parcel ID Property coordinates Map Known encumbrances

Access by

other MS

Yes

National

legislation

Automated confirmationverification of the userrsquos category done

by the Member Staterdquo is not possible in authorisation as Finish

law on National Land Information System requires acceptance of

a personal user request to access Land Register on-line in a

written application form for each category of user In principle the

access conditions are similar to everyone independent of their

country of origin but changing the answer to allow access by the

user category here would require appropriate legal modifications

Language Finnish Swedish English (to be implemented)

Legal status of

the provided

information

No formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a

property title

Payment Fee Post-paid by invoice

Pilot project Probably not because of current critical development stages - to

be discussed

4812 FR

Registers on-

line

Three departments (Moselle and the two departments of Bas Rhin

amp Haut Rhin forming the Alsace region) have their own land

register regime (managed for the Ministry of Justice) where all

land data is centralised into a unique file AMALFI

French notaries and geometers have access to the SPDC (Serveur

Professionnel de Donneacutees Cadastrales) server providing access to

a subset of land data

Access for the

following

users

AMALFI Justice professionals (notaries bailiffs geometers

municipalities) have on-line access (others send asynchronous

requests)

205 279

SPDC only French offices of notariesgeometers have access

when registered

Registration

Authentication

process

AMALFI Authentication (justice professionals notaries etc) is

done via a smart card for the on-line access and requests of copies

lsquopersonsrsquo No authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on request (form

signed by the user and by his professional body)

SPDC IDpassword to be distributed by the registered office

User can

Search by

AMALFI Name Address Property ID number Number of the

lsquoannexersquo

SPDC Knowing the location (commune) by cadastral Ndeg owner

name document Ndeg

Access by

other MS

Not implemented

French services do not take position on this point (accepting to

process asynchronous requests is a political decision)

National

legislation

France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of

the provided

information

FIDJI (responses provided by DGFI (Ministry of Finance) using

the FIDJI application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against third parties

(lsquoopposabiliteacutersquo) The relevant service (of land publicitypubliciteacute

fonciegravere) certifies that the answer reproduces the exact lsquostatus of

the filersquo at the time of the request The French State would be

responsible in case of error (if the status of the file is not properly

reported)

SPDC (on-line) no legal value (informative value only)

AMALFI On-line answers have no legal value (delivered for

information only)

Copies provided on paper are signed by the lsquoGreffierrsquo and are

Certificates

Payment Various systems exist including SEPA transfers and the on-line

payment via the usual credit cards (VisaMasterCard etc)

206 279

Pilot project France is not candidate (reason too much work in progress ICT

reorganisation lack of national system on-line)

4813 HR

Registers on-

line

LR Cadastre

Access Everyone (assuming that users have same level of data access)

RegistrationA

uthentication

process

No User IDpassword only typing in protection code that

enables to access the database

User can

Search by

Address the cadastral parcel number or the land registration file

number

Access by

other MS

Yes

National

legislation

This issue has not yet been regulated by the legislation of the

Republic of Croatia

Language Croatian

Legal status of

the provided

information

Legal certificate Real Property Title Encumbrances

No formal guarantee Real Property

Payment No fee

Pilot project Yes

4814 HU

Registers on-

line

Unified Land Registry System

(cadastre and the legal registry ndash lsquoGrundbuchrsquo)

207 279

Access for the

following

users

Registration

Authentication

process

The Act CXLI1997 on Land Registration provides accession to

the so-called TakarNet System for certain users and user groups

and regulates the access conditions Further conditions of making

use of electronic land office services and details of data servicing

are regulated by the decree 1762009 (XII28) FVM (Ministry of

Agriculture and Rural Development)

Users 1-8

The Application for Access Permit can be submitted only in

Hungarian on the standardised form issued for this purpose as

the enclosure to the ministerial decree clause (No 1091999

(XII29) FVM) of the Act on Land Registration

When submitting the application general procedural duties

are to be paid This duty is payable in duty stamps sticking

them on one copy of the application Those applicants

exempted of the payment should submit a declaration stating

that after their entrepreneurial activity or performance in the

year preceding the submission of the application they were not

obliged to pay into the central budget

Lawyers public notaries individual bailiffs of the court

should enclose the certificate of the competent Chamber (issued

not earlier than 30 days) saying that the applicantrsquos membership is

existing heshe did not suspend the activity and there is no

disciplinary action opened against himher

Institutions financed from the national budget (e g local

governments) ndash if they wish to be exempted of paying data

supplying fee ndash should submit a declaration stating that after their

entrepreneurial activity or performance in the year preceding the

submission of the application they were not obliged to pay into

the central budget

Other companies should enclose the current original authentic

(or by public notary authenticated) certificate of registration

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y Search according to parcel ID or parcel address for the need of their authority

2 Notaries Y Acting for their clients according to the law search according to parcel ID or parcel address in succession procedure search by ownerrsquo name is allowed (case must be identified)

3 Registered lawyers member of the Bar

Y Search according to parcel ID or parcel address acting for their clients according to the law

4 Credit and insurance institutions Y Search according to parcel ID or parcel address for the need of their tasks we have banks from Europe among our clients

5 Justice (judges or experienced justice professionals)

Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

7 Property agencies different companies

Y Search according to parcel ID or parcel address for the need of their tasks

8 Police detective authorities bailiffs Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

9 Citizens Y Search according to parcel ID or parcel address

208 279

(issued not earlier than 30 days) and the original authentic

specimen of signature

Private individual entrepreneurs should enclose to the

application form for natural persons filled in two copies an

official original certificate issued by the competent document

office not earlier than 30 days saying that the applicant has been

and is also currently registered as private entrepreneur The

certificate should mark the field of activity of the applicant

verifying the necessity of the on-line query of land office data

Based on the Access Permit a Service Contract specifying the use

of the system is signed The service contract and its enclosures

specify the services accessible for the User the number of the

access payment obligations etc The institutions and companies

should declare in the contract how many digital certificates

they need and for how long period of time of validity When

determining the number of the digital certificates it is necessary

to consider that with one certificate you can have at one time

only one access and that you can select and pay two different

periods of time for your certificates (3 or 6 years) After the

signing the contract and paying for the required certificates the

Client will be registered as User and the certificates are issued

The certificate (access authentication) is a digital signature (from

technical point of view) which can be used within this system

only

User 9

The client already registered at the central governmental Client

Gate can automatically use the services of Land Office On-line

after entering the Land Office Portal free of charge and without

new registration The client who is not registered yet has to

register first It can be done personally and free in any Citizens

Office or Government Window to receive a user-ID with

password

User can

Search by

Access by

other MS

Access is available for Member States organisations or citizens

under the same conditions The national legislation does not

restrict users from Member States they have to meet the same

conditions

National

legislation

According to the Act CXLI1997 on Land Registration the

Registry is public which means that the property sheet data and

the maps may be reviewed without restriction by any person

YN

Search by name (YN) only for certain users in certain cases specified in law like police in investigation cases notaries in succession cases etc

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) N map can be searched by property ID and address

Other (please specify) N

209 279

notes may be made and copies may be requested

The following copies can be requested

- non-authentic copy of property sheet (review or full)

- e-authentic copy of property sheet (review or full)

- copy of cadastral map

Review copy contains the existing data full copy contains also

the deleted (historical) data as well

Multitudinous requests are not allowed

Language Hungarian

Legal status of

the provided

information

All the provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Prices and fees of data servicing and the other relevant

instructions are determined by the Act LXXXV1996 The data

service through the network is subject to payment of fees The

user only pays for the services requested

The data servicing procedure ndash from the moment when the user

sends the query till heshe receives the requested data ndash has

several check points Consequently if the user interrupts the

procedure of query e g the user starts a search based on the

address of a land and receives the parcel identity number of the

property but the user does not want to have the property sheet

the system will not charge anything for the services connected to

the search and not for the property sheet

Registered users receive an invoice monthly about the payable

balance and pay by bank transfer (post-paid)

Citizens pay by credit card in advance (pre-paid) The fees are the

same as the currently used administrative servicing fees

determined in the relevant rules of law and other regulations

No subscription possibilities

Pilot project No

4815 IE

Registers on-

line

National Land Register Registration of Deeds

Access for the All users have equal access on payment of a prescribed fee under

210 279

following

users

Statutory Instrument SI 3802012 Any person may search any

folio of the Register and obtain a certified copy thereof on

payment of the appropriate fee

The original deeds underpinning registration ie deeds and

documents of are filed and stored These deedsdocuments of title

including application forms are called instruments Access to

instruments is not open to all nor is access to such information

available electronically Any information on deeds and documents

filed in the Property Registration Authority can only be accessed

in accordance with the provisions of Rule 159 of Land

Registration Rules 2012 The Property Registration Authority

manages any personal data acquired in accordance with the Data

Protection Acts 1988 amp 2003

Registration

Authentication

process

Users of Land Registry information can access information on

line through landirectie On-line access is available to any person

on payment of prescribed fees Professional users such as

solicitors become authorised users and are account holders

Authorised users can

bullConduct on-line searches of the register (folios and title plan

maps)

bullUndertake names index searches

bullSearch and locate property using our digital map

bullUse an index of addresses to view a map and locate a folio

bullDiscover the existence of any relevant transactions which may

already be pending in the Land Registry against a particular

property

bullTrack progress of cases on-line

bullOrder certified copies of particular documents

bullLodge applications for registration ndash eForm 17

bullAvail of these services from 7am to 8pm Monday to Friday and

7am to noon on Saturdays

For professional users landdirectie operates on a subscription

basis Usernames and passwords are assigned There is no charge

for accessing the landdirectie but fees are payable for the actual

usage of the services provided

Since 2011 access has been extended to non-account holders as

211 279

until then landdirectie was available only to persons and

organisations that had opened and maintained an account with the

PRA Customers who wish to search maps and view the land

register (folios) on-line can do so without having to open and

maintain an account Payment is facilitated by a secure

creditdebit card transaction system

User can

Search by

National Land Register Land data Parcel address Parcel ID

Property coordinates Owner Map Known encumbrances

Registration of Deeds 100 of all Deeds since 1970

Access by

other MS

The same conditions apply to any party accessing

landdirectielanddirectie an account for a professional user would

be established or for non-professional user payment would be by

way of secure creditdebit transaction

National

legislation

The conclusiveness of the register is subject to certain limitations

under Section 72 of the Registration of Title Act 1964 A

certified copy of folio carries the state guarantee at time of

delivery

Language English Irish

Legal status of

the provided

information

Legal Certificate

Payment Subscription for account holders or payment by secure

debitcredit transaction

Pilot project To follow

212 279

4816 IT

Registers on-

line

Land registers (Agenzia delle Entrate) Cadastre (Agenzia delle

Entrate)

Libro Fondiario (Provincia Autonoma di Trento Servizio Libro

Fondiario) - From 1910 to 2006 all data are reproduced on

microfilm From 2006 to 2011 100 of deeds and titles are on-

line 100 deeds and titles of the year 2012 will be on-line by

2014 100 deeds and titles of the year 2013 will be on-line by

2015

Access for the

following

users

Land Registers access to land registers is allowed to anyone

submitting a request with no need to demonstrate a legitimate

interest

Cadastre Cadastral information is allowed to anyone submitting

a request with no need to demonstrate a legitimate interest The

only limitation due to privacy reasons concerns the cadastral

plan

Registration

Authentication

process

LR lsquoOn-line land registers consultationrsquo To use that service it is

necessary to make a registration to the on-line financial services

of Poste Italiane (the Italian Postal Service) for the payment of

due taxes

Cadastre on-line services of Agenzia delle Entrate Free of

charge gives access to all the cadastral data including those

concerning the ownership

Cadastral and land registers databases

213 279

For registering it is necessary to specify the fiscal code and the

total amount resulting from the last individual income tax return

Following the registration the applicant receives a Pin code The

kind of access allowing the widest consultation mode through the

use of a special technical platform named Sister requires the

drawing up of a contractual agreement with the Agency That

agreement is necessary for any subject physical person or legal

entity private user or public institution Following the positive

result of the request of agreement the user will receive an

invitation to activate it taking possession of the personal

password as lsquoResponsible for the connectionrsquo This password will

also be used for on-line payment

User can

Search by

LR Parcel ID Owner (person or enterprise) Known

encumbrances Crossed search (parcel ID + owner) Search of

notes or titles

Cadastre Parcel address Parcel ID Owner (person or enterprise)

Access by

other MS

Yes

National

legislation

NA

Language Italian

Legal status of

the provided

information

No formal guarantee that the register is up to date

Payment LR Poste Italiane applies different commissions depending on

the chosen on-line payment method by charging on onersquos

account at Poste Italiane (Conto BancoPosta) through credit card

(Visa and Mastercard) through Postepay card bank transfer

Pilot project The answer to this question needs an involvement of upper

decision levels

4817 LT

Registers on-

line

Real Property Register Mortgage Register

214 279

Access for the

following

users

Registration

Authentication

process

To make search in the Real Property Register an Agreement for

the Provision of Information from the Real Property Cadastre and

Register must be signed with the State Enterprise Centre of

Registers Every professional user (civil servants notaries

registered lawyers members of the Bar credit and insurance

institutions justice (judges or experienced justice professionals))

is given an identification number which is being registered and a

password while a computer is given a code Only professional

users who are granted identification number can access the

Register

The intended purpose of use is indicated in the agreement for the

provision of information or in the application Third party

statements are included in the Agreement The SECR can grant

the right to the third party to distribute real property data under

the agreement

Access to the information of land register of the members of

EULIS through EULIS service is provided for Lithuanian users

on the basis of agreement on provision of information through the

EULIS A user is given an identification number which is being

registered and a password while a computer is given a code

Owners of real property can access the information about all their

owned or possessed property through the Self-Service offered by

the State Enterprise centre of Registers

httpwwwregistrucentrasltsavitarna If the owner of real

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

2 Notaries Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws ndash registered users (on the basis of agreement)

3 Registered lawyers member of the Bar

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

4 Credit and insurance institutions Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

5 Justice (judges or experienced justice professionals)

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

6 Access is already organised via EULIS or ELRN

Y For the members of EULIS on the basis of agreements on provision of information through the EULIS

7 Owners of real property Y Access to information about all their owned or possessed property

8 All users Y Access to the following information only Register No real property object name unique number address

215 279

property is a citizen of the Republic of Lithuania or a foreigner

who has been issued documents confirming personal identity in

the manner established by legal acts of the Republic of Lithuania

and if a person is a user of Internet banking system or a digital

certification centre heshe can access the Real Property Register

(Land Register) without any agreement A list of Internet banking

systems or digital certification centres as well as some other

authentication ways is provided before connection to the Real

Property Register

All users are allowed to make a public search in the Real Property

Register by address of property without any agreement or

authentication However such public search allows access only to

the following information Register No real property object

name unique number address A user is allowed to make up to

300 searches per day

User can

Search by

Access by

other MS

According to the Regulations of the Real Property Register

approved by the Government of the Republic of Lithuania

lsquoRegister data shall be supplied to legal persons entities having

no status of a legal person their branch offices and

representations of the Member States of the European Union

countries of the European Economic Area and the third countries

as well as natural persons in the same manner as the data are

supplied to legal persons and natural persons of the Republic of

Lithuania unless this is in breach of the laws of the Republic of

Lithuania international treaties and other legal actsrsquo Therefore

the same categories of users as given in the table from other

Member States can receive access to the Real Property Register

on the basis of signed data provision agreements Every

professional user is given an identification number which is

being registered and a password while a computer is given a

code

In principle it could be assumed that confirmationverification

could be done by Member States from which the user originates if

there is an agreement with relevant institution and this issue

namely user categories is described in the agreement

Real Property Register

Mortgage Register

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other Search by the name and code of a legal entity

Y

216 279

National

legislation

Communication of the data from the Real Property Register is

regulated in the following legal acts

1 Law on Legal Protection of Personal Data of the Republic of

Lithuania

2 Law on Real Property Register of the Republic of Lithuania

3 Regulations of the Real Property Register of the Republic of

Lithuania

Language Lithuanian for the users of EULIS service information is

provided in English

Legal status of

the provided

information

For all data in the Real Property Register Provided information is

a legal certificate It has the state guarantee at the time of delivery

and ndash according to the condition of the attached disclaimer ndash it is

valid for establishing a title of property

According to the Law on Real Property Register all data in the

Real Property Register shall be recognised as correct and

complete from the date of their entry into the Register unless

disputed in the manner prescribed by laws

Payment The Real Property Register data is provided for payment but with

exceptions established in the Law on State Registers of the

Republic of Lithuania and other laws The procedure for

calculating payment for the use of Register data is established by

the Government of the Republic of Lithuania

When information from the Central Databank of the Real

Property register is supplied to a computer of the data recipient

the agreement made between the data provider and recipient shall

specify the rights and responsibility of a data recipient the

purpose of data use other conditions and procedure

Natural persons or legal entities shall pay the following fee for the

use of Register data (1 EUR ndash 34528 LTL)

- For one search in the database ndash 1 Litas

- For displaying one entry of the Register on the screen when

information is transferred from the Central Databank to the

computer of data recipient under the terms and conditions

provided for the agreement between the data provider and

recipient ndash 2 Litas

- For the preparation of one excerpt from the Register ndash 5 Litas

217 279

- For displaying an extract of cadastral map with the real property

objects on the screen (when performing the following actions of

search in the database performing all searches of the real

property object on the cadastre map moving the map zooming in

and out displaying orthophoto map) under the terms and

conditions provided for in the agreement between the data

provider and recipient ndash 02 Litas

- For displaying the cadastre map of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 2 Litas

- For displaying the cadastral data of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 3 Litas

- For checking of the Cadastre and Register data on real property

object and formation of a note on data revision ndash 125 Litas

- For a copy of a plan of land parcel or structure A4 form ndash 3

Litas A3 form ndash 5 Litas

- For a print-out of a structure plan from the database A4 form ndash

5 Litas A3 form ndash 8 Litas A2 form ndash 10 Litas A1 form ndash 15

Litas A0 form ndash 20 Litas

- For a print-out of an extract from cadastral map from the

databank A4 form ndash 10 Litas A3 form ndash 12 Litas A2 form ndash 15

Litas A1 form ndash 20 Litas A0 form ndash 30 Litas

- For the preparation issue and certification of the copies of other

documents in the case files of cadastral surveying and the

Register ndash 5 Litas

If an agreement is made between the data provider and the data

recipient usually a post-paid model of payment is used ie an

invoice is issued on the basis of actions performed in the Real

Property Register by the data recipient Also an average monthly

and subscription fee for the provision of data can be applied for a

certain established amount of actions in the Real Property

Register In case of single requests the pre-paid payment model is

used

The most usual method of payment is money transfer made upon

218 279

the issued invoice In case of single requests a creditdebit card

can be used Under a separate agreement with the client we can

establish a direct debit

Pilot project Yes

4818 LU

Registers on-

line

Off-line 3 Bureaux des Hypothegraveques

Access for the

following

users

Luxembourg is ready to share land registry information within the

EU as soon as case land data will be available on-line As already

stated in Questionnaire Nr 1 this is currently not the case For

the moment all Land registry information is requested and

delivered in paper form at one of the three lsquoBureaux des

Hypothegravequesrsquo

Registration

Authentication

process

Off-line register

User can

Search by

Access by

other MS

Restrictions or different levels of access do not exist

National

legislation

NA

Language French

Legal status of

the provided

All provided land data information is a legal certificate as a

consequence in all cases provided information is a legal

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y

4 Owner Y

5 Purchase price Y

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) N

Search by map (YN) N

Search by national identity number Y

219 279

information certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property

Payment A fee of 050 euro or of 074 euro is due for each copied page of

information delivered by the register

The fee is due at the moment of the delivery of information no

pre-payment and no post-payment

In principle payment in cash

Pilot project No

4819 LV

Registers on-

line

National Real Estate Cadastre Information System (Cadastre

Information System) State Address Register State Unified

Computerised Land Registry

Access for the

following

users

Cadastre Information System and State Address Register

Notaries Credit and insurance institutions Municipalities Utility

companies (water electricity etc) Real estate companies Law

enforcement (police etc) authorities Not in all cases to

Registered lawyers member of the Bar Justice (judges or

experienced justice professionals) Civil servants

State Unified Computerised Land Registry Everyone can access

but search available to police bailiffs government officials and

such

Registration

Authentication

process

Sign a contract and receive user ID and password

User can

Search by

State Unified Computerised Land Registry Everyone - by

property address property ID parcel ID cadastral number folio

number property name ndash fully excluding using person

identification data

Access by

other MS

Yes can search by address property identification number map

National

legislation

NA

220 279

Language Latvian Section names are available in English content is

available in Latvian only

Legal status of

the provided

information

Legal certificate for National Real Estate Cadastre Information

System (Cadastre Information System) State Address Register

State Unified Computerised Land Registry

Payment Post-paid + subscription (monthly) occasional (pre-paid) by

creditdebit card SMS payment internet banking

Pilot project No

4820 MT

Registers on-

line

No

Access Physical Form via e-mail answers are not official

Registration

Authentication

process

Special Form

User can

Search by

Parcel address Parcel ID Owner (person or enterprise) Map

Known encumbrances

Access by

other MS

Yes search only by Property identification number and Map

National

legislation

In Malta data entered in the Land Register is derived from public

deeds and is thus public However due consideration is

nonetheless given to the protection of data

Language Maltese English (as a general rule lsquoCertificates of Titlersquo are

issued in Maltese)

Legal status of

the provided

information

Legal certificateNo formal guarantee

Payment Fee by cash or by cheque only

Pilot project No

221 279

4821 NL

Registers on-

line

Land Registers and registers for ships and planes

Base Registration of Cadastre

National base registry of topographic maps

National base registry of large scale maps

National register of public limitation on parcels

Access for the

following

users

Registration

Authentication

process

There is a difference between the submission of information (by

notaries judges) and the request for information In case of

submission the use of electronic certificates is required In case

of research and enquiries a one-side non-recurring payment or

transaction based on an agreed order form will be sufficient to get

access to the required information Since there is no distinction

made between the different categories of users there is no

specific authentication required Agreed order forms will be used

specifically in cases of bulk information or when information has

to be gathered in a specific format

User can

Search by

Access by

other MS

Search by name and by address Search by property identification

number map

National

legislation

Information can only be obtained if and when paid for by all

categories of users

222 279

Language Dutch

Legal status of

the provided

information

Formal guarantee cannot be given by the cadastre because of the

non-positive aspects of the Dutch system

Payment Money-transfer credit cards and direct debit

Pilot project Yes as within the European framework (with regard to both their

registry and mapping tasks) the Dutch cadastre already takes a

pioneerrsquos role in this respect (leading role within the CROBECO

and the IMOLA projects of ELRA)

4822 PL

Registers on-

line

New Land Book

Off-line Cadaster

Access for the

following

users

Access is available on-line for everybody

Registration

Authentication

process

Access is available on-line for everybody

User can

Search by

Landbook ID

Access by

other MS

Currently available for everybody

National

legislation

NA

Language Polish

Legal status of

the provided

information

NA

Payment No fees

Pilot project NA

223 279

4823 PT

Registers on-

line

National Land Registry Tax Id of the property Cadastre

Access for the

following

users

Civil servants Notaries Registered lawyers member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) CROBECO (project and grants foreign

lawyers or notaries access to the Permanent Certificate (On-line)

or a Simplified land registry information (On-line))

Registration

Authentication

process

LR no need of an authentication process

Civil servants can access data base on agreement with the

Institute of Registries and Notaries

All others through

bullThe request of a Permanent Certificate (On-line) - To access the

permanent certificate user should enter wwwpredialonlinept fill

in the request and the system will provide an access code This

code allows the visualisation of information through the Internet

during the time period of the permanent certificate (1 year)

Although it is a pdf format it is not a frozen image of the registry

it is continuously updated as the pdf file is generated each time

the user accesses the information using the code

or

bullSimplified land registry information (On-line) via paying a fee -

It is automatically obtained from the land registry information

system It shows the essential elements of the description of the

immovable property of the person entitled to the propertyrsquos rights

and charges and indicates the existence of mortgages

attachments and any other encumbrances and charges as well as

the pending registry requests

User can

Search by

National Land Registry and Tax Id of the property Parcel ID

Cadastre Parcel address Parcel ID Property coordinates Map

Access by

other MS

Yes

National

legislation

Privacy granted by our Constitution - personal data protection

Only courts and judicial authorities can overcome this rule and

research the database by owners name to protect other

224 279

fundamental rights

Language Portuguese

Legal status of

the provided

information

Legal certificate Parcel ID (Land Registry) Owner (person or

enterprise) (Land Registry) Known encumbrances (Land

Registry)

Payment Fee - pre-paid on-line with VISA (and also trough a bank

reference payable at ATM and eBanking but this only can be

paid by a Portuguese bank account)

Pilot project Yes and fully available

4824 RO

Registers on-

line

Register of applications for land registry excerpts and notarial

deeds

GEOPORTAL - geometries cadastral number of the plot

Access Public notaries

Registration

Authentication

process

User name and password

User can

Search by

Land book number topographical number cadastral number

map

Access is limited to public notaries

Access by

other MS

No

National

legislation

According to art 29 from Law no 71996 the notarial deed on

which basis the real right is to be registered must be entered into

by a public notary performing only in Romania

Language Romanian

Legal status of

the provided

information

Legal certificate name charges encumbrances cadastral data of

systematic registration

No formal guarantee cadastral data of sporadic registration

Payment Fee is applicable where for Governmental Bodies it is free of

charge

225 279

Pilot project NA

4825 SE

Registers on-

line

Real property register (consist of both Cadastre and Land

register)

Access for the

following

users

Registration

Authentication

process

After the process of lsquoan agreement and an approved purpose of

usersquo the users get access to information with a User-ID and

password

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

0 In the registration process the administrators as access to all information

Y Internal Lantmaumlteriet and a few big municipalities

1 Civil servants (state or municipal) Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

2 Registered lawyers member of the Bar

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

3 Credit and insurance institutions Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

4 Justice (judges or experienced justice professionals)

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

5 Access is already organised via EULIS or ELRN

Y Information

6a 6b

Private persons companies and organisations

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use The Swedish register is accessible for private persons either by phone to customer service or by access to application with electronic id This is minor dissemination To organisations private and public companies through electronic dissemination either online or download Several different solutions which is the major dissemination for information from the real property register A lot of the dissemination is done through resellers Homepage httplantmaterietseenReal-Property

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y Central points

4 Owner (person or enterprise) Y Only registration officers

5 Map Y Cadastral Index Map

6 Known encumbrances N

7 Purchase price N

8 Tax assessment value N

9 Mortgages Y Internal use only

226 279

Access by

other MS

Currently no In EULIS there is an agreement between the

participating countries If the user in a participating country has

access to the land register they also can access other participating

countries There is a trust between EULIS members

Companies from all 28 Member States that comply with the

purpose of use can access information Citizens (6b) in all

Member States can call customer service at Lantmaumlteriet and ask

for information

National

legislation

NA

Language Swedish headlines in English

Legal status of

the provided

information

In Sweden registration in the Land Register of titles leases

easements and other contractual encumbrance creates a legal

presumption Even if an acquisition has been registered a

question to whether the acquisition is invalid or for some other

reason cannot be asserted may be adjudicated When someone

acts in good faith and relying on register information he or she is

protected It will either secure a bona fide acquisition or entitle

the person to compensation for losses from the state

Payment For public use there is a Geodata sharing model for Swedish

public administration with a yearly fee depending on use

For commercial users is a transaction fee

For researchers there is a discount

For property owner with an electronic-ID access to own property

information is for free by a service lsquomy propertyrsquo

Pilot project Yes

4826 SI

Registers on-

line

The electronic Land Register (eZK)

YN

Search by name (YN) Only internal

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify)

227 279

Access for the

following

users

On the basis of the Land Register Act (ZZK-1) anybody has free

access to the Land Register through an internet portal of the

judiciary lsquoeZKrsquo (via wwwsodiscesi) Free access to all data is

enabled since 2012

This includes access to land certificates of each and every

currently valid as well as formerly valid real estate property data

that were deleted as a result of new entries in the Register (regular

and historical excerpt of the Land Register) data of each and

every implemented right (mortgages etc) and in cases of real

estate property notification on pending requests (seals) It also

includes data of the procedure status the content of petitions and

orders of the Land Register Court and appellate matters (until the

matter is final)

The system also allows for e-filing by qualified users

Registration

Authentication

process

External qualified users require a qualified digital certificate and a

safe electronic mail address for e-filing purposes They are also

able to perform e-filing in Land Register procedures

Qualified digital certificate can be obtained through providers

certified by the Ministry for Education Science and Sport

External qualified users are divided into two basic groups 1

independent external qualified users and authorised

representatives of an independent external user (also called

external administrators)

1Independent external qualified users are further on divided into

the following groups

a) Professional users These users have a position of a

(professional) representative or as a judicial body in civil legal

proceedings and are managed by an external administrator who

has to confirm their inclusion into the professional user group

They consist of the following users groups Notaries Attorneys

Bailiffs Administrators State Attorneys Office of the Republic

of Slovenia State Prosecutors Offices

b) Users ndash case parties These are users who have a position of

case parties to the proceedings in civil legal proceedings They

are self-managed and do not require approval of an external

administrator for their inclusion in the user group lsquoUser ndash case

228 279

partyrsquo

They include the following users groupsCase parties -

legal entities

Case parties ndash individuals

and State Authorities and Local Communities

2 External administrators These are users in the security scheme

who manage the users from their particular groups of the

professional users by confirming their inclusion in or exclusion

from these groups They typically do not execute e-tasks (and do

not act as participants in civil judicial proceedings) External

administrators are included in the security scheme by the Centre

for Informatics (at the Supreme Court) upon their request

Administrators of each group of professional users are

for the group of notaries Chamber of Notaries of

Slovenia

for the group of lawyers Bar Association of Slovenia

for the group of bailiffs Chamber of Bailiffs of Slovenia

for the group of insolvency administrators Slovenian

Chamber of Insolvency Administrators

for the groups of the State Attorneys Office of the

Republic of Slovenia and municipal attorneys offices

State Attorneys Office of The Republic of Slovenia

for the group of state prosecutors offices Supreme

Prosecutors Office of the Republic of Slovenia and

7 for the group of real estate companies Ministry for

Environment and Spatial Planning

User can

Search by

229 279

Access by

other MS

Yes

National

legislation

NA

Language Slovenian

Legal status of

the provided

information

Legal certificate

Payment No fee

Pilot project Yes

4827 SK

Registers on-

line

Land Registry Information System

The relevant land data is viewable in off-line mode for everybody

on Cadastral portal But nobody (except administrators) has on-

linedirect access to them at the moment

Access for the

following

users

Registration

Authentication

process

NA

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants N In 2015

2 Notaries N In 2015

3 Registered lawyers member of the Bar

N In 2015

4 Credit and insurance institutions N In 2015

5 Justice (judges or experienced justice professionals)

N In 2015

6 Access is already organised via EULIS or ELRN

N In 2015

Nr Land data Search is possible YN

Comments

1 Parcel ID Y

2 Property coordinates Y

3 Owner (person or enterprise) Y Trustee tenant

4 Map Y

5 Known encumbrances N

230 279

Access by

other MS

NA

National

legislation

The only restricted details are personal identification number of

the owner and the property price These are available for the

property owner only

Collection of cadastral documents is available only for property

owners their legal predecessors or other eligible persons as well

as for geometers Detailed description of who is authorized to

access various cadastral data is specified in the Cadastral Act

1621995

Language Slovak The information could be provided in a national minority

language this is possible only in specific regions where

population of national minority is at least 20

Legal status of

the provided

information

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Through the Cadastral Portal users are able to search and

download Ownership Documents These however have only

informative character If users want to use the Ownership

Documents for legal purposes they must gomail to the regional

District Office Cadastral Department and have them officially

certified

Ownership Document contains information about owner(s)

property details acreage manner of acquisition of property and

encumbrances It is also possible to view a map of the required

property on the Cadastral Portal

Payment Searching through the Cadastral portal is free of charge

However obtained information (eg Ownership Document) has

only informative character For having that information officially

certified one must pay a fee as it is stated in the Act on

Administrative Fees According to this Act only state

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Search by undetermined owners by Ownership Document by construction by Apartmentnon-flat space

231 279

administration bodies of Slovak Republic have in some cases free

access to this kind of information Also cadastral authority does

not charge in the case of acts necessary for the inheritance

proceedings and for the protection of national cultural heritage

The whole list of who and under which circumstances is exempt

from the payment is stated in the aforementioned Act

The fee for issuing of a copy of the original of an Ownership

Document is 8euro The fee for issuing of a copy from the cadastral

map is 8euro as well These are the two most common requests Of

course there are other charges for services which are mentioned

in the Act on Administrative Fees 1451995

(httpwwwzakonypreludiskzz1995-145)

It is either payment on the spot (when you personally attend the

local cadastral office) or pre-paid if using money transfer

According to the Act on Administrative Fees available payment

methods are revenue stamp cash creditdebit card and money

transfer However in reality only two methods are in use

Revenue stamp and money transfer

Pilot project No

4828 UK

48281 England and Wales

Registers on-

line

Register of title Register of cautions against first registration

Land Charges Registers

Access for the

following

users

The registers are open registers Anyone can sign up for a Land

Registry business e-services account to gain on-line access

provided they agree to pay by direct debit They will be given

access to the Land Registry portal to apply for copies of the

registers and plans and for copies of documents referred to in the

register or documents held by the registrar in connection with an

application

Registration

Authentication

process

lsquoFind a propertyrsquo service for citizens ndash Private citizens must

register for a Property Search User account On-line they must

provide their name address (including country) email address a

user name and a password Citizens must have a credit or debit

card in order to pay the fees for services used Those payments

232 279

are processed for the Land Registry by RBS Worldpay

The citizenrsquos Property Search User Account will automatically be

cancelled without prior notice on or after six months after the

account was last used A citizen must then re-register to use the

service again

Land Registry business e-services portal account ndash all business

customers who wish to use on-line services must first register for

portal services A single application covers an entire legal entity

including all departments branches and sub offices All

organisations using Land Registry Business e-services must have

at least one variable direct debit account set up with their bank for

the payment of Land Registry fees They must complete an

application form giving details of their organisation and

nominating an lsquoadministratorrsquo and a lsquoresponsible personrsquo They

can also nominate deputy administrators and responsible persons

The application form must be printed out completed and sent to

Land Registry in paper format The organisation confirms that the

use of the portal service is governed by the lsquoPortal conditions of

usersquo which are published on the website

Once the Land Registry has used the information in the

application form to create an account we will send the

administrator(s) a security token The Entrust IdentityGuard Mini

Token is a high-quality one time password (OTP) device

designed to help provide strong versatile authentication The

security token provides an additional level of security over and

above the administrators user ID and password A different

unique PIN number is generated by the token each time the

administrator presses the button (hence lsquoone timersquo) For a limited

period of time that PIN number is synchronised with the PIN

number for that token in Land Registrys credential database in its

hardware security module When administrators attempt to log on

to the Land Registry network via the portal they are prompted to

enter the PIN number generated by the token If the entered PIN

number is correct they are granted access to the system The token

is durable against normal wear and tear with an expected battery

life between six and eight years No additional software needs to

be installed to support the use of OTP tokens

The token will allow the administrator to access the new portal

account and set up the individual users from the organisation who

will use the service Each individual user will have a user ID

allocated and a temporary password that they must change The

individual users do not need a token to use the services only their

233 279

user ID and password The administrator needs the token only to

undertake administrator tasks as setting up new user accounts and

closing old ones (If the administrator also wants to use Land

Registry services she must set themselves up as a user with a

different user ID and password The two roles are separate and the

role based access will limit the services that can be used in each

ID)

The administrator responsible person and deputy roles are set up

and managed by Land Registry In the case of other users it will

be the responsibility of the organisation to allocate one of a

number of predefined roles to each user and to instruct their

administrator accordingly so that the administrator can create an

appropriate account for that user The allocated role will dictate

the services that the user has permission to access when they log

on and can only be changed by an administrator (For instance

some users may only be given access to information services ndash

copies of registers documents and searches ndash while other

qualified and experienced staff might be given access to use

applications that can change the register) This is for the

organisation to decide

Land Registry has created the role of responsible person and

deputy responsible to assist conveyancers and other organisations

with the proper supervision of their practices as required by their

regulators by statute or by good practice The responsible

person and deputy responsible person will have access to an on-

line Land Registry report which will list actions taken by the

administrator in the previous 30 days This activity can be

checked regularly for supervision purposes and to make sure the

administrator is not giving access to persons that should not have

it

There is no sign-up charge for portal services only standard fees

for the use of individual services

Land Registry Business Gateway ndash Customers who are using a

case management system may be able to gain access through an

XML interface (Business Gateway) that links their case

management system to the services If the customerrsquos case

management system provider does offer this service and the

customer wishes to use it the responsible person must apply

through Land Registry Customer Support for the necessary

technical connections to be made Land Registry Business

Gateway uses a certificate-based mutual SSL connection

234 279

Otherwise the same conditions apply as for portal use

There is no sign-up fee for Business Gateway only standard fees

for the use of individual services

User can

Search by

Searches of the register of title can only be made by title number

or property address not by the name of the proprietor

If the customer does not know the title number or address they

can use our MapSearch facility a free on-line map to establish

whether land and property in England or Wales is registered and

obtain title numbers and details of freehold or leasehold tenure

Or for a guaranteed result they can request a Search of the Index

Map The Index Map kept by the registrar as a means of

establishing whether land is affected by a registered estate if so

its title number or whether land is affected by a caution against

first registration

Only a limited number of people can search by proprietorrsquos name

mostly in connection with court proceedings insolvency and tax

liability These limitations to searching by name of the proprietor

do not apply if the proprietor is a company

Access by

other MS

Yes

National

legislation

There is no reason why users from other Member States should

not have access to our Information Services to obtain copies of

the registers and documents However the Legal Services Act

2007 limits those who can undertake reserved legal activities to

persons qualified and regulated by professional bodies in England

and Wales Conveyancing activities related to the Land

Registration Act 2002 are reserved legal activities So it is

possible that if a notary from another Member States made an

Register of title

Register of cautions

against first registration

Land Charges

Registers

Search by name (YN) N N Y

Search by address (YN) Y (to find title number)

Y (to find title number)

N

Search by property identification number (YN)

Y Y N

Search by map (YN) Y (to find title numbers associated with parcel of land)

Y (to find title numbers associated with parcel of land

N

Other (please specify)

235 279

application for registration to the Land Registry of England and

Wales that might be a breach of the Legal Services Act 2007 But

applying for copies of the registers and documents would not

breach that Act

Language English Welsh for land in Wales

Legal status of

the provided

information

Register of title ndash official copies - provided information is a legal

certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property But an applicant for

registration of a conveyancing transaction must protect the

priority of their future application by means of an official search

of the title from and including the date of the official copies of

the register The official search with priority will give priority to

the protected application for a period of 30 business days

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Register of cautions against first registration - The caution

relates to unregistered land so the registrar cannot be certain as to

the validity of the interest until first registration of the land

affected Then the registrar will serve notice on the cautioner of

the first registration and the cautionerrsquos right to object to it The

register does not establish title to property Instead it warns of

claims relating to the unregistered land

Land Charges registers - The registers relate to unregistered

land They provide evidence of certain encumbrances relating to

that land They do not establish title to land

Agricultural Charges register - The register provides evidence

of Agricultural charges only given by individual farmers It does

not establish title to land

Payment Currently payment arrangements might prevent foreign users

from having a business e-services account The user must be able

to make an arrangement to pay be variable direct debit so must

have a bank account in England and Wales Alternatively to use

the Find a Property service they must pay be debit or credit card

for each service But if the EU Justice system provided

236 279

arrangements for payment this should not be a problem

Fees are paid in accordance with the current Land Registration

Fee Order 2013

Pre-paid by creditdebit card ndash Find a Property public service

Post-paid by variable direct debit ndash Business e-services

Pilot project Yes subject to the approval of the Directors

48282 Scotland

Registers on-

line

LR General Register of Sasines Crofting Register

Access for Civil servants Notaries Registered lawyers - member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) Everyone

Registration

Authentication

process

Require credit worthiness checks while group lsquoEveryonersquo can

obtain access by individual request and reply on-line

User can

Search by

LR Parcel address Property coordinates Owner (person or

enterprise) Map Known encumbrances

Purchase price ndash only as off-line request

Access by

other MS

Yes and their validity could be checked via their home state

Can search by name address property ID ndeg map

National

legislation

No

Language English

Legal status of

the provided

information

Legal certificate Land Register Crofting Register

No formal guarantee General Register of Sasines

Payment Direct Debit through our on-line portal

Pilot project In the future

237 279

48283 Northern Ireland

Registers on-

line

Land Registry Northern Ireland Registry of Deeds Statutory

Charges Register

Access for the

following

users

Registry of Deeds Registry of Deeds and Statutory Charges

Register via Landweb

Registration

Authentication

process

Yes ndash must register with Land Registry ndash User ID and Password

required to access Landweb

User can

Search by

Access by

other MS

Yes

National

legislation

Not Applicable

Language English

238 279

Legal status of

the provided

information

Information guaranteed on date and at time of delivery only

Payment Fees are payable for land information ndash they are governed by

Statute ndash the Land Registry Fees Order and Registry of Deeds

Fees Order Payment can be made by cashsuspense

accountcreditdebit cards

Pilot project Not at this time because of the existence of our private finance

initiative contract (a way of creating lsquopublicndashprivate partnershipsrsquo

by funding public infrastructure projects with private capital)

which would make interconnection particularly complex and

costly for us

239 279

49 Interview Reports

491 Interview with EULIS

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf EULIS Meeting 6th November 2013

ReferencePage FSLandReg MM-20131106V00doc

Date 6th November 2013

Place EULIS ndash Appeldoorn NL

Participants EULIS MM R Wouters amp G Leenders

Unisys MM D Huys amp P-E Schmitz

Eulis is a specific legal entity formed as an lsquoEuropean Interest Grouprsquo Only (European)

States can become member of Eulis This does not mean EU Member States (some others can

be members ie Norway Macedonia) Eulis has now 10 members

The idea of providing a European land register information service through an electronic web

platform came in 2002 and looked then promising in order to facilitate trans-European

exchange of real estate information

The Eulis service standardise and facilitates the exchange of information (but all information

is stored in national data bases nothing is stored on Eulis and Eulis ensures no money flow)

Eulis provides the link the bridge plus a glossary for helping users to understand the

information (in case it is not provided in English by the owner)

Unfortunately the crisis came as from 2007 and the number of trans-border transactions

reduced strongly It is difficult to motivate and attract new members

Therefore the Eulis service is now facing serious issues

The number of lsquoinformation transactionsrsquo delivered via Eulis is currently very

low most probably less than 10 a week according to our understanding) Eulis is

therefore not sustainable very long and is not lsquoon the radarrsquo of real estate

professionals (ie notaries banks lawyers insurance companies) that prefer to

using their local agents correspondents or branches

The yearly contribution (20000 euro per Member State) that is necessary to maintain

Eulis alife is therefore not recovered by invoicing transactions

Although the portal is user friendly (easy to use) the service is not attractive

enough due to the poor quantity of information delivered in particular the non-

legal information lsquoaroundrsquo a real estate is not available environmental projects at

local level zoning plans maps etc Presently the lsquolegal informationtextrsquo is the

only one that may be obtained

240 279

Ideally the delivered information should go beyond the simple legal information that

a parcel number exists has a certain surface or is owned by X but in the current

situation even the mere ABC information42

is not always available

What is needed would be a real lsquoproperty reportrsquo including

Pictures

Environmentsituation

Price

Tax value

Value obtained for lsquosimilarrsquo goods in the same location and market

Important States are not connected (ie Germany France Belgium that is important

for Dutch customers Italyhellip) Some States do not have their own central portal

(Germany France)

Some States offer their services for free (ie SK) therefore they will never find an

economic justification for financing Eulis (20000 euro yearly) as the service does not

provide any income

In some States the legal framework (ie privacy regilation) does not allow to provide

the information

In some States the information is fragmented between

Kadaster (fortunetax management Min of Finance ie in Italy)

Land register (often managed by Min of Justice)

Othercombined (ie environmental data managed by other Min)

There is another major stakeholder playing in the field ELRA (European Land Register

Association) dedicated to EU MS (all except DK) Beyond its role of representing the

national Land Registers facing European Policies (lobbying being consulted in case new

regulation has implications) ELRA is also developing lsquoservicesrsquo through the ELRN

(European Land Register Network)

42 ABC A=Property (location) B=Ownership C=Mortgages other

241 279

A Help desk to support professionals facing trans-border requests

An lsquoapplicationrsquo for providing information which may appear as a competitor

for Eulis (ie informing the purchaser of a house in Spain that there are

lsquohidden chargesrsquo the new owner may have to pay all pending invoices in case

the previous owner has not paid them)

In this framework ELRA that is facing the same difficulties as Eulis to achieve LR

interoperability is also at the origin of the lsquoImola Projectrsquo43

(in cooperation with Eulis) in

order to

Define the legal conditions for access to LR information Propose a set of

common rules based on userrsquos profiles kind of searches purpose and data

required

Describe a common structure for a template about LR Information whose

guidelines will be based on information of different MS

o Decide what data are relevant for the template

o Find a minimum common denominator of data

Develop the assistance tools that complement access to the LR Information

Three level of assistance will be developed

o A glossary to facilitate the translation of the template into the official

languages

o A set of reference information comprising fact sheets

o Individual report through the experts of the ELRN network

The issue of authentication this is now based on lsquomutual trustrsquo if a country recognizes lsquoXrsquo as

an lsquoentitled personrsquo (ie a notary) then the other Eulis Members accept

The problem is that the definition of some professions (ie real estate agent) are not

standardized in all countries and that even lsquoISO professionsrsquo (like notaries) have not the

same authorisations in all countries In addition there is little security regarding the cleanup

of lists (X could be registered in 2013 but not anymore in 2014hellip) This is a potential future

challenge for e-Justice building and maintaining a central authentication system for all

justice professionals depending on the various national professional registers

43 wwweurocadastreorgpdfirish_conferenceInteroperabilityppt

242 279

492 Interview with ELRA

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf ELRA Assembly visit 10th December 2013

ReferencePage FSLandReg MM-20131210V00doc

Date 10th December 2013

Place Scotland House ndash Schumann 6 ndash Brussels

Participants ELRA (60 persons) + COM (Dick Heimans Stephan Matyk) + EULIS (R

Wouters G Leenders)

Unisys P-E Schmitz

After discussing specific ELRA and ELRN matters Dick Heimans (COM) presented the

feasibility study

The most challenging question for participants seems to be lsquoWhich one out of the 3 optionsrsquo

However the lsquohowrsquo will result from the main principle questions lsquoWho accepts to share

what and to whom and at what costrsquo

Another COM member Stephan Matyk (Stephanmatykeceuropaeu) presented the

proposal for a regulation Ndeg 10242012 where standard forms are proposed in 12 domains

including (i) real estate In fact the Parliament rapporteur plans to extend to 15 forms

5 standard forms are already annexed to the proposed Regulation Question to ask to Mr

Matyk lsquois there a draft for real estatersquo

Other contact mariavilar-badiaeceuropaeu DG Justice A1

Important glossary term to insert in our study the proposition is about simplifying

lsquoAcceptancersquo This is different from lsquoRecognitionrsquo It is formal it means that the foreign

authority must accept the document without requesting for additional forms like an Apostille

a translation of the standard form etc While Recognition is about the content considering

that the content corresponds to the legal truth

This point is to consider when the requested LR will return information (what use could you

make of it is it lsquoaccepted as isrsquo in court

Other important distinction between the lsquoLand registryrsquo institution which is implemented by

the state for the sake of the market (to secure and authenticate real estate transactions) and the

lsquoCadasterrsquo that is born as an institution of the state for the state to enable territorial taxation

Additional information

The use of Graphical databases is not yet compulsory in registration procedures

What about urban planning and environmental constraints They have a legal origin outside

the registry Therefore the policy is to link to the source only

Nothern Ireland register of deeds is text based (no maps)

243 279

The land register is map based From 2004 to 2019 British Telecom will transform it from

paper to IT lsquoLandwebrsquo which has direct access customers for folios and maps on line

3 developments are ongoing e-signature payments discharges + digitalisation of Deeds

archives

493 Interview with France

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf France Meeting 16th July 2014

ReferencePage FSLandReg MM-20160516V00doc

Date 16th July 2014

Place Teleconference

Participants Etienne Lepage DGFIP - Bureau GF3A -

etiennelepagedgfipfinancesgouvfr

Freacutedeacuterique Nion DGFIP - Bureau GF3A -

frederiqueniondgfipfinancesgouvfr

Pascale Baranger DGFIP pascalebarangerdgfipfinancesgouvfr

Jean-Franccedilois Mellet ndash Min Justice - FrancoisMelletjusticegouvfr

Marie WALAZYC ndash Min Justice - MarieWalazycjusticegouvfr

DE-MOUSSAC Brigitte ndash Min Justice - BrigitteDe-Moussacjusticegouvfr

Patrice-E Schmitz (Unisys)

Rein Geerdes (Unisys)

4931 Overview of the LR situation in France

France meaning all departements except 3 (2 forming the region Alsace and the Moselle)

reports (on its e-Justice page) that lsquo354 French property registers exist (Deed system

one for each Service de publiciteacute fonciegravere) They are independent of each other and there

is no interaction between them Moreover in France there is no Internet portal that allows

people to consult these registersrsquo

However these services are managed by the Ministry of Finances (DGFI) and the French

administration has consolidated access to land data through two lsquoapplicationsrsquo that are

lsquonationalrsquo (except AlsaceMoselle)

FIDJI (made for both justiceproperty security and fiscal needs) provides consulting

access to property titles (from all local registers) but access is reserved to the

administration Parcels are identified by cadastral number

MAJIC (cadastre file for fiscal purpose) maintains departemental files

In addition the Hyposcan file provides access to scanned acts (only as from 2004)

There is no lsquocentral filersquo behind these two applications land data are managed locally in the

354 services for property data and in 98 relevant French deacutepartements (101-3) Therefore no

global search on the property of a person is possible for all queries requesters have to start

with the name of the municipality

244 279

Access to MAJIC FIDJI amp Hyposcan is reserved to administration only The Fiscal

administration interfaces requests from public and professionals (providing them with

asynchronous answers)

However there is a specific access to a subset of MAGIC via the SPDC (serveur

professionnel de donneacutees cadastrale) which is on-line for notaries and geometers and

provide access to a subset of cadastral data

Authentication based on a register linked to their professional organisations

It is the office (lrsquoEtude) of the Notaries and Geometers that receive an access and is

therefore registered in the professional register (annuaire) managed by the DGFI Each

office has to providewithdraw accesses (IDPassword) for its professional staff

It is stated that on-line access is reserved for French notaries only (Q22) because the access

is necessary to comply with French law publicity (obtaining the lsquomodegravele 1rsquo extract)

A certain centralisation of data is in progress as from 2004 (10 years) the BNDP The

lsquoBanque Nationale de Donneacutees Patrimonialersquo is a database reproducing a subset of the

above applications (FIDJI amp MAJIC) Access is reserved to lsquoauthorised agentsrsquo that are

members of the administration only (Q121) The BNDP is on-line for lsquothe competent

administrationrsquo (Q2 p5)

4932 Situation in AlsaceMoselle

Three departements (Moselle and the two departements of Bas Rhin amp Haut Rhin forming

the Alsace region) have their own land register regime (Title system managed for the

Ministry of Justice) where all land data are centralised into a unique file AMALFI

Justice professionals (notaries bailiffs geometers and municipalities) have on-line access

(others send asynchronous requests)

No authentication is needed for the lsquoImmeublersquo dataauthentication foreseen for the

lsquopersonnersquo and lsquoannex datarsquo

4933 The processing of requests

As a result of questionnaires there is a clear difference between AlsaceMoselle (AMALFI

system) and other parts of France AMALFI delivers copies electronically lsquofor simple

information purposersquo The delivery of a legal certificate is done also but on paper only

For the rest of France no synchronouson-line access is currently possible to MAJIC amp

FIDJI even for justice professionals notaries etc at the exception of SPDC (where on-line

requests are for free) The barriers are both legal (existing on-line access to SPDC are

reserved to French notaries and geometers) and technical (this looks not relevant as just

depending of resources for upgrading servers capacity)

245 279

Therefore requests are off-line they must be send to the DGFI and The DGFI processes 6

million requests yearly

The payment of a fee is requested for the processing of these asynchronous requests (see Q2

p22) Fees are different for files managed by the DGFI (Min Finances) and AMALFI

Concerning the Q3 Technical answers are relevant for the AMALFI system only It is on-

line (99 availability) processing 150000 requests monthly (1700 unique users) and it

would be able to support twice this amount

AMALFI contains no cartography (is not INSPIRE compliant)

Authentication (justice professionals notaries etc ) is done via a specific smart card for the

on-line access to AMALFI No authentication for the public sending asynchronous requests

The attribution of the specific smart card is done on request (Form signed by the user AND

by his professional body)

Concerning payments (Q2 p22) see Q3 (in English) ndash this is for AMALFI

The DGFI accepts payment by bank card (all business cards) by SEPA transfer and by the

traditional cheques

For each transaction there is one payment and one invoice (no globalisation no monthly

global invoice etc) but frequent users have the possibility to lsquopre-payrsquo an amount on a

lsquoreserversquo that will allow to send information requests and works like a lsquodebit cardrsquo (until the

total amount is spent)

4934 List of national land registers and their organisation

MS Register Responsible

organisation

State of

digit

Online Interconnection

candidate

The land registration

in France is strictly

ruled by the civil law

but there is no

national and unique

register

As a matter of fact

the land registration

in France is split in

354 local registers

known as lsquoservices de

la publiciteacute fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be

technically based

on asynchronous

requests

response to an

agreed query

form

FIDJI (made for both

justiceproperty

security and fiscal

needs) is an

application for

providing consulting

DGFI (Min of

Finance)

But no data

are stored

centrally

Deeds are

100 No The DGFI

processes 6

million requests

yearly

Asynchronous

246 279

access to transactions

(from the 354 local

registers) but access

is reserved to the

administration

Parcels are identified

by cadastral number

stored in each

of the 354

lsquoservice de

publiciteacute

fonciegraverersquo

connection

(based on an

agreed form) is

technically

possible but

depending on a

political decision

MAJIC (cadastre file

for fiscal purpose)

maintains

departemental files

DGFI (Min of

Finance)

But no data

are stored

centrally

Data are

stored in each

of the 93

relevant

departments

100 No See above (both

applications

FIDJI amp MAGIC

are used to

address the

6000000

requests)

Hyposcan file

provides access to

scanned acts (only as

from 2004)

DGFI (Min of

Finance)

100 as

from

2004

No No The

application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments (out of

101)

Ministry of

Justice

100 Yes YES no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes

inquiries

SPDC (serveur

professionnel de

donneacutees cadastrales)

This is not a register

but a server providing

access to a subset of

data covered by the

MAJIC application

(cadaster)

DGFI 100

(limited

cadastral

subset)

Yes NO

This is the only

lsquoOn-Linersquo

access but it is

reserved to the

lsquoregistered

officesrsquo of

French notaries

and geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

owner

247 279

- The document

number

(document

drsquoarpentage)

4935 Title vs deed systems

MS Title Deeds Remarks

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle

No The Alsace region includes the two departements of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

4936 Land register data comparison tables

49361 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

FIDJI No No Yes yes This is the cadastral

parcel number (the

same that is used as

key for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of the

scanned act are the

unique keys

AMALFI Yes Yes Yes Yes

49362 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

49363 Owner

MS Register Owner Comments

Present Search

248 279

FIDJI Yes Yes You have to know the property location

first (commune)

MAJIC Yes Yes You have to know the property location

first (departmentcommune)

AMALFI Yes Yes

49364 Known encumbrances

MS Register Known encumbrances Comments

Present Search

FIDJI Yes Yes

AMALFI Yes Yes

49365 Purchase price

MS Register Purchase price Comments

Present Search

FIDJI Yes Yes

AMALFI Yes No

49366 Language

MS Primary language Other language

French No

49367 Usage costs and payments methods per MS

MS Timig of

payment

Means of

payment

Data

available for

free

Cost of non-free data

Requests to

DGFI

One for each

request at the

time of

sending the

request

Bank cards

(the usual set

visa etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

No From 12euro (real

estatepersons) to 30euro (full

description of a co-

property)

Requests to

AMALFI

Copies are

delivered after

payment

Bank cards on

the web site

wwwlivrefonc

ierfr

Transfer

Chegraveque

No From 5euro (real

estatepersons) to 25euro

(annexe)

4937 Summary

Registers online Three departements (Moselle and the two

departements of Bas Rhin amp Haut Rhin forming the

Alsace region) have their own land register regime

(managed for the Ministry of Justice) where all land

249 279

data are centralised into a unique file AMALFI

French notaries and Geometers have access to the

SPDC server providing access to a subset of land data

Access for the following

users

AMALFI Justice professionals (notaries bailiffs

geometers municipalities) have on-line access (others

send asynchronous requests)

SPDC only French offices of notariesgeometers

when registered

RegistrationAuthentication

process

AMALFI Authentication (justice professionals

notaries etc ) is done via a smart card for the on-line

access and requests of copies lsquopersonsrsquo No

authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on

request (Form signed by the user and by his

professional body)

SPDC IDpassword to be distributed by the registered

office

User can Search by AMALFI Name Address Property ID number

Number of the lsquoannexersquo

SPDC Knowing the location (commune) by cadastral

Nr owner name document Nr

Access by other MS Not implemented

French services do not take position on this point

(accepting to process asynchronous requests is a

political decision)

National legislation France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of the provided

information

FIDJI (responses provided by DGFI using the FIDJI

application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against

third parties (opposabiliteacute) The relevant service (of

land publicitypubliciteacute fonciegravere) certifies that the

answer reproduces the exact lsquostatus of the filersquo at the

250 279

time of the request The French State would be

responsible in case of error (if the status of the file is

not properly reported)

SPDC (on-line) no legal value (informative)

AMALFI Online answers have no legal value

(delivered for information only)

Copies provided on paper are signed by the lsquoGreffierrsquo

and are certificates

Payment Various systems exists including SEPA transfers and

the on-line payment via the usual credit cards

(Visamastercard etc)

Pilot project France is not candidate (reason too much work in

progress ICT reorganisation lack of national system

on-line)

251 279

410 Common Communication Protocol sample scenarios

4101 Sample scenarios

The following sections provide a set of sample scenarios showcasing different usages of the

common communication protocol Please note that the descriptions provided avoid technical

details and abstract certain business processes This is done to keep the readerrsquos focus on the

particulars of the common communication protocol and its intended uses It is understood that

to properly implement any of the scenarios described further analysis will be required

The notation used in the diagrams presented in the sample scenarios is compliant with BPMN

20

4102 Scenario I Professional capacity certification not required

In this scenario it is assumed that the queried Member State (henceforth mentioned as

lsquoMember State Brsquo) does not impose any particular authorisation scheme ie it allows any

user to search for a property using its identification number Furthermore let us now assume

that a registered EJP user (from now on called lsquoRequesterrsquo) who is a citizen of another

Member State (mentioned as lsquoMember State Arsquo) wishes to submit a query to Member State

B using an identification number of a property previously known to him The flow of events

will occur as following

1 The Requester reaches the Land Registers Interconnection area in the Portal and selects

to query Member State B At this point the Portal shows to the Requester Member State

B terms and conditions for using the Land Registers Interconnection which the

Requester immediately accepts

2 The Portal via the Interconnection Hub requests the query authorisation scheme of

Member State B using its Authorisation module

3 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries from all users and provides a list of accepted parameters which in this

case only includes the identification number of a property

4 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

5 The Requester fills-in the search form and submits it

6 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

7 Member State B processes the request and subsequently responds

8 The Portal shows the query response from Member State B to the Requester

This sequence of events is depicted in the following diagram

252 279

Figure 28 Scenario I Overview

253 279

4103 Scenario II Professional capacity certification required

Further to the previous scenario assume that Member State B requires that the Requester is

authenticated by Member State A in order to provide access to its Land Register data Also

assume that Member State A has a process for registering (and from that point on

authenticating) its users

Under these assumptions the first two steps of the flow of events described in Scenario I

remain the same and are not repeated for the sake of brevity The subsequent flow events will

occur as follows

1 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries only from authenticated users and provides the same list of accepted

parameters as in Scenario I

2 Using the Interconnection Hub the Portal requests the Authentication module of

Member State A to certify the Requesterrsquos professional capacity using as parameter

his e-mail address (ie the one used by the Requester in his ECAS registration)

3 At this point Member State A responds negatively (ie the Requester has not yet

been registered)

4 The Portal forwards the Requester to Member State A registration process entry point

embedding at the same time the Requesterrsquos email address in the request at this point

the internal registration process of Member State A commences

Regardless of how the process takes place upon successful conclusion Member State

A records the Requesterrsquos e-mail so that it can be used for further certification

requests

5 The Requester again visits the Portal and the previously described flow is repeated up

until step 2

6 Member State A is asked to certify the Requester which it does by returning a

digitally signed token to the Portal which contains at least the Requesterrsquos e-mail and

his authenticated role (eg notary)

7 The Portal receives the digitally signed token and temporarily stores it

Please note that the term lsquotemporarily storesrsquo here implies that the Portal will keep the

digitally signed token only as long as the Requester session lasts Once this session is

concluded the token is deleted along with any other session data

8 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

9 The Requester fills-in the search form and submits it

10 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

Please note that the digitally signed token is automatically embedded during this

process to the query submitted to Member State B

11 Member State B processes the received request As part of the processing Member

State B validates the signature of the digitally signed token (thus validating that the

token originates from Member State A) and checks if the Requesterrsquos professional

capacity allows the query to be executed In this scenario both evaluations are

positive and Member State B immediately provides the search query result

12 The Portal shows the query response from Member State B to the Requester

The described sequence of events is depicted in the following diagram

254 279

Figure 29 Scenario II Overview

255 279

411 Consolidated responses of Member States to questionnaire 3

Section 1 General technical questions

1 Please define system availability in percentages during the period of a calendar month

(eg the solution is available 99 of the time in any given month)

Below 98 6 35

From 981 to 995 8 47

Above 996 3 18

Unknown Not provided 0 0

2 How many queries does your system serve and what would be the maximum and average

number of users using your system per month

Below 10000 queriesusers per month 4 24

From 10000 to 50000 queriesusers per month 6 35

From 100000 to 30000 queriesusers per month 1 6

Above 300000 queriesusers per month 5 29

Unknown Not provided 1 6

3 To your understanding is your current solution able to cope with additional number of

searches due to international cooperation and if yes to what extent Can you please specify

256 279

the maximum number of additional searches per month you would expect your system to be

able to handle

Yes can cope with additional number of searches 15 88

No cannot cope with additional number of searches 2 12

Unknown Not Provided 0 0

4 What kind of information does your system log during normal operation

Searches executed 16 38

Create update and delete operations 14 33

Read operations 9 21

Other 3 7

Section 2 Data model

6 Is map data used in your register (parcel localisation) compliant with the INSPIRE

directivestandard If yes can you please specify the level of compliance (full or partial)

and if only partially compliant also provide a short explanation how it diverges

Not compliant with INSPIRE 4 24

Compliant with INSPIRE 5 29

Partially compliant with INSPIRE 5 29

Unknown Not provided 3 18

257 279

7 If you are not yet fully compliant with INSPIRE do you intend to become so

If yes can you please provide the timeframe for this activity and the extent of the

planned compliance

Yes I intend to become INSPIRE compliant within the next 12-24 months 3 18

Yes I intend to become INSPIRE compliant but the timeframe is unknown 1 6

No I dont intend to become INSPIRE compliant 3 18

Unknown Not provided 10 59

Section 3 Interfaces

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

8 To what networks is your system currently connected (eg governmental

Internet sTesta)

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

258 279

9 What interfaces are available currently from your system In case there is more than one interface please also specify your

preference (if any)

Available Preferred Available

amp Preferred

Web pages (eg

http forms)

11 - 2

SOAP based

Web Services

7 - 2

REST based

Web Services

3 - -

Other 2 - -

259 279

10 Can you please indicate for each of the following standards whether it is supported by your current technical platform and if

yes which version is currently supported

Please mention for the ones that you do not currently support whether to your knowledge they will be supported in the next 24

months For the standards that you are currently supporting please indicate the known limitationsrestrictions of your platform

and whether these limitationsrestrictions are expected to be still applicable in the next 24 months

Currently

supported

Supported within

the next 24 months

WSDL 11 3

SOAP 10 3

XSD 10 2

HTTPS 13 1

REST 4 1

WADL 2 1

UDDI 2 1

WS-Discovery 1 1

OpenPGP 0 1

SAML 1 2

Unicode 8 2

Date Error Unknown document property name Version 039Error Unknown document

property name 260 279

11 Does your platform support any of the following Web Service extensions If yes which

versions are supported If not could you potentially add support for these in the next 24

months

WS-Security 3 33

WS-

SecureConversation

1 11

WS-Policy 2 22

WS-Addressing 0 0

Unknown Not

provided

3 33

12 Would you consider modifying extending or replacing the interfaces currently

provided by your system so as to achieve better integration with the European e-Justice

Portal If not can you please provide the reason

Yes I consider modifying extending or replacing the interfaces 11 65

No I dont consider modifying extending or replacing the interfaces 4 24

Unknown Not provided 2 12

261 279

Section 4 Technical platform

13 Can you please provide a list of all the components of your current technical platform describing the type of component (ie

application servers programming andor scripting languages database server specific libraries IDErsquos etc) vendor and version

Please mention for each whether it is mandatory that you use it (for example because of a global ICT policy) or whether it is a current

preferred choice

Available Not

Available

Java based environment

(Oracle IBM)

13 0

Java based environment (Open

Source)

3 1

Microsoft based environment 6 0

Open Source based

environment

4 0

262 279

14 Can you please provide a list of the supported character sets by your current

technical platform andor IT tools

Local language

character sets

6 27

UTF-8 12 55

Unknown Not

provided

4 18

15 Do you have plans for updating your existing technical platform in the next 24

months If yes please describe the upgrades that are foreseen (specifying the

components vendor and version for each) and provide the expected timeframe for the

migrations

Yes I plan on updating within the next 24 months 5 29

No I dont plan on updating within the next 24

months

10 59

Unknown Not provided 2 12

263 279

Section 5 Security

16 Can you please outline the security measures you currently have in place in your

system (eg usage of HTTPS for web communications data encryption for all or a part

of the data stored by the system etc)

Usage of HTTPS for

web communications

12 43

Data encryption for all

or a part of the data

stored by the system

4 14

Other 11 39

Unknown 1 4

17 Are there specific regulations or security policies that a particular type of network

connection (such as an Internet connection VPN connection over Internet etc) must be

conformant with so that it can be used in your environment

Yes there are specific regulations or security

policies

10 59

No there arent specific regulations or security

policies

6 35

Unknown Not provided 1 6

264 279

18 Do you use different user roles and if yes please can you please briefly describe

them

Yes I use different user roles 12 71

No I dont use different user roles 3 18

Unknown Not provided 2 12

19 How do you currently authenticate users of your system In case you use different

roles in your system please also mention if you follow the same or different

authentication schemes per role

Using username and

password

16

64

Using two-factor

authentication (ie

username and

password plus a

software or hardware

token)

2 8

Other 7 28

Unknown Not

provided

0 0

265 279

412 Consolidated responses from questionnaire nr 3

Payment instruments and volumes per Member State

Payment

Instrument Credit

transfer

Xborder

Credit

transfer

Direct

Debit

DD

Mandates Cards Cheques Cash Other Country

Belgium 1500 50 0 0 0 0 0 0

Bulgaria 0 20 5000 0 0 0 0 0

Croatia 1000 0 0 0 0 0 0 0

Cyprus 500 0 0 0 0 0 0 0

Czech Republic 1500 10 0 0 0 0 10 0

Denmark 0 0 0 0 0 0 0 0

Estonia 7100 0 0 0 50 0 0 0

Finland 2000 10 0 0 0 0 10 0

France 10000 0 0 0 10000 5000 0 0

Germany 15000 0 15000 0 0 0 0 0

Greece 0 0 0 0 0 30600 0 0

Hungary 30000 0 0 0 5000 0 0 0

Ireland 700 0 100 0 500 13000 2000 0

Italy 15000 0 15000 0 0 0 0 0

Latvia 1400 0 6700 0 0 0 0 0

Lithuania 1850 10 0 0 0 0 0 0

Luxembourg 0 0 0 0 0 0 5400 0

Malta 0 0 0 0 0 860 1060 0

Netherlands 800 40 16000 16000 200 0 0 0

Poland 20000 0 0 0 0 0 0 0

Portugal 1230 0 0 0 2300 500 2000 0

Romania 2000 0 0 0 0 0 0 0

Slovakia 1000 0 0 0 0 0 0

Slovenia 500 10 0 0 0 0 0 0

Spain 3000 0 20000 0 1000 0 0 0

Sweden 2000 40 0 0 0 0 0 0

United

Kingdom 180 10 80000 16000 50 50000 10 0

Totals 118260 200 157800 32000 19100 99960 10490 0

Table 29 Consolidated view of payment instruments and volumes per Member State

266 279

413 Reference and applicable documents

4131 Business analysis report (Part I)

41311 Applicable documents

EUROPEAN COMMISSION (2013) European e-Justice Portal Land Registers

Interconnection ndash feasibility and implementation analysis DESCRIPTION OF

SERVICESTECHNICAL ANNEX v 102

41312 Legal and political reference documents

EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014

on the protection of personal data in the European e-Justice Portal

COUNCIL OF THE EUROPEAN UNION (2000) Council Regulation (EC) No 442001

of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation)

EU 2009 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501)

EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo

for cooperation on cadastre and land registry issues

EUROPEAN COMMISSION (2013) Commission implementing decision of 14112013

on the award of grants for the Specific Programme Civil Justice call for proposals for

action grants JUST2013JCIVAG C(2013) 8097 final

EUROPEAN PARLIAMENT (2011) Draft European Parliament legislative resolution on

the proposal for a Council regulation on jurisdiction applicable law and the recognition

and enforcement of decisions in matters of matrimonial property regimes

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(1995) Directive 9546EC of the European Parliament and of the Council of 24 October

1995 on the protection of individuals with regard to the processing of personal data and on

the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2000) Regulation (EC) No 452001 of the European Parliament and of the Council of 18

December 2000 on the protection of individuals with regard to the processing of personal

data by the Community institutions and bodies and on the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2007) Directive 20072EC of the European Parliament and of the Council of 14 March

2007 establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Directive 201217EU of the European Parliament and of the Council of 13 June

2012 amending Council Directive 89666EEC and Directives 200556EC and

267 279

2009101EC of the European Parliament and of the Council as regards the

interconnection of central commercial and companies registers

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 6502012 of the European Parliament and of the Council of 4

July 2012 on jurisdiction applicable law recognition and enforcement of decisions and

acceptance and enforcement of authentic instruments in matters of succession and on the

creation of a European Certificate of Succession

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 12152012 of the European Parliament and of the Council of

12 December 2012 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (recast) [OJ L351 12122012 p1]

41313 Land data reference documents

EULIS (2013) EULIS country table state of play November 2013 (Country table state of

play update Nov 2013xls)

EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007

EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March

2008

EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July

2010

EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011

EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5)

G LARSSON (1991) Land registration and cadastral systems Tools for land information

and management Longman Scientific amp Technical 1991 pp 17-18 based on United

Nations Ad Hoc Group of Experts on Cadastral Surveying and Mapping 1973 New York

ILICONN consortium (2014) Architecture Overview - Land Registers Interconnection

ILICONN consortium (2014) Land Registers Interconnection Minutes of Meeting

General Justice 1st Sub-Group Meeting 19th May 2014

ILICONN consortium (2014) Land Registers Interconnection Proposals for handling

payments

INSPIRE D28I5 INSPIRE Data Specification on Addresses

PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART I (AT BE CZ DE IT SK ES SE)

268 279

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART IV (CY FI GR HU PL SI)

41314 Links

httpse-justiceeuropaeu

httpeuliseu

httpinspirejrceceuropaeu

httpwwwclgeeu

httpwwwelfprojecteu

httpwwwelraeu

httpwwweurocadastreorg

httpwwweurogeographicsorg

4131 Architecture overview and Proposals for handling payments (Part II

and Part III)

Doc

ID

Reference Related

Document

Location

REF1 LRI ndash Terms of Reference

v102

REF2 LRI ndash Glossary-v012

REF3 LRI ndash Consolidation and

extension of the existing

business analysis report

REF4 ArchiMatereg 21 an Open

Group Standard

httppubsopengrouporgarchitecturearchimate2-

doc

REF5 Software Architecture

Document ndash EULIS 20

v20

REF6 Specific Contract No

JUST2012JCIVFW-

A0217A4e-Justice

Portal under Framework

269 279

Doc

ID

Reference Related

Document

Location

Contract

JLS2008A501Lot 2

REF7 LRI ndash Feasibility and

Implementation analysis ndash

Technical Annex v102

270 279

414 Terminology

4141 Business analysis report (Part I)

Acronym or

Abbreviation

Term Meaning

Authentication Authentication is the process of

confirming identity

Authorisation Authorisation is the function of

specifying access rights to resources

related to information security and

computer security in general and to

access control in particular More

formally lsquoto authorisersquo is to define an

access policy

Encumbrance An encumbrance is a right to interest in

or legal liability on real property that

does not prohibit passing title to the

property but that diminishes its value

Mortgage A mortgage loan also referred to as a

mortgage is used by purchasers of real

property to raise money to buy the

property to be purchased or by existing

property owners to raise funds for any

purpose The loan is lsquosecuredrsquo on the

borrowers property This means that a

legal mechanism is put in place which

allows the lender to take possession and

sell the secured property (lsquoforeclosurersquo or

lsquorepossessionrsquo) to pay off the loan in the

event that the borrower defaults on the

loan or otherwise fails to abide by its

terms

Use case In software and systems engineering a

use case is a list of steps typically

defining interactions between a role

(actor) and a system to achieve a goal

The actor can be a human or an external

system

AT Austria EU Member State

BE Belgium EU Member State

BG Bulgaria EU Member State

C Cadastre A cadastre is a systematic description of

the land units within an area The

description is made by maps that identify

the location and boundaries of every unit

and by records In the records the most

essential information is the identification

number and the area of the unit usually

271 279

Acronym or

Abbreviation

Term Meaning

differentiated by land use class [hellip]

Furthermore the classical cadastre

provides information concerning owners

land classes and values or land taxes44

CCRF Cross border

Conveyancing

Reference

Framework

It aims to set out a European framework

of rules and principles for a process that

for contractual and non-contractual

obligations is based on the law choice of

the two parties and the use of digital

means

CLGE The Council of

European

Geodetic

Surveyors

CLGE is the leading organisation

representing the Surveying Profession in

Europe It promotes the profession in the

European Union and fosters its

development in the Council of Europe

countries Surveying as understood by

CLGE includes Cadastral Surveying

which provides security to land and

property title and thus underlines the

economic base of western society

Geospatial information is now ubiquitous

in our lives and Surveyor plays a

fundamental role in this field CLGE is

represented in 36 Council of Europe

Countries among them 28 EU Member

States

COM The Commission

(DG JUSTICE)

CROBECO CRO(ss) B(order)

E(lectronic)

CO(nveyancing)

Project which aims to set out a European

framework of rules and principles for a

process that for contractual and non-

contractual obligations is based on the

law choice of the two parties and the use

of digital means The framework is

referred to as the lsquoCross border

Conveyancing Reference Frameworkrsquo

(hereafter CCRF) and could improve

confidence of foreign buyers in reliable

cross border conveyancing In the long

term the CCRF could be developed as a

basis for optional generic European

digital conveyancing rules For the short

44 G LARSSON (1991) Land registration and cadastral systems Tools for land information and

management Longman Scientific amp Technical 1991 pp 17-18 based on United Nations Ad Hoc Group of

Experts on Cadastral Surveying and Mapping 1973 New York

272 279

Acronym or

Abbreviation

Term Meaning

term the CCRF focuses on bilateral

agreements with respect for existing

legislation This means that although the

existence of different systems will lead to

different demands the CCRF should be

applicable in Member States with

different legal systems In each of these

Member State the law of the country

where the plot is located (Lex Rei Sitae)

determines the acquisition of property

and applies to all questions related to real

rights45

CY Cyprus EU Member State

CZ Czech Republic EU Member State

DE Germany EU Member State

DIGIT Directorate-

General for

Informatics

DK Denmark EU Member State

EE Estonia EU Member State

EEIG European

Economic Interest

Group

EL Greece EU Member State

ELF European

Location

Framework

Project to deliver a pan European cloud

platform and web services to build on the

existing work of the INSPIRE Directive

and enable access to harmonised data in

cross border applications

Brings together 30 participating

companies including national amp regional

mapping and cadastral agencies software

developers application providers

research amp academia and more

The project is co-funded by the European

Commission

ELRA European Land

Registers

Association

ELRA is an international association

whose primary purpose is the

development and understanding of the

role of land registration in real property

and capital markets Equally ELRA is

fully committed to work on behalf of

land registries in Europe in cooperating

with the UE institutions

45 Project website httpwwwelraeuelra-european-land-registry-associationcrobeco

273 279

Acronym or

Abbreviation

Term Meaning

ELRN European Land

Registers Network

ELRN is a network of Contact Points of

Land Registry associations that answers

questions and publishes legal

explanations of the Land Registry

information provided by the national

systems

ES Spain EU Member State

EU European Union

EULIS European Land

Information

Service

EULIS provides easy access to land and

property information for citizens and

professional customers in Europe It is an

information hub where customers can

find out about different land registration

conditions in each country EULIS has

information about national land registry

organisations their contact details and

other helpful information and links It

also offers on-line access to European

land and property registers for licensed

customers

EULIS is part of the European Economic

Interest Group (EEIG) All countries in

Europe can become member of EULIS

EEIG The organisation maintains a

portal that provides on-line services and

direct access to official land registers in

Europe The portal also offers a glossary

with a definition and translation of terms

in different languages and reference

information on land registry and cadastre

organisations and the products and prices

that are provided

EuroGraphics EuroGraphics is an international non-

profit association composed of the

European cadastre land registry and

national mapping authorities whose

mission is to further promote the

development of the European Spatial

Data Infrastructure through collaboration

in the area of geographical information It

brings together 59 members from 47

countries across Europe

FI Finland EU Member State

FR France EU Member State

GUI Graphical User

Interface

HR Croatia EU Member State

274 279

Acronym or

Abbreviation

Term Meaning

HU Hungary EU Member State

ID Identifier Name that identifies a unique object

IE Ireland EU Member State

IMOLA Interoperability

MOdel for

Landregisters

IMOLA projectrsquos objectives are to

bull Describe information from land

registers and

other key registers in a semantic model

bull Design IT infrastructure for

interoperability

suitable for all Member States

bull Define a standard Land Registry Doc in

XML

bull Develop a set of web service

bull Optional Pilot prototype of standard

document and application

INSPIRE Infrastructure for

Spatial

Information in the

European

Community

The INSPIRE directive came into force

on 15 May 2007 and will be

implemented in various stages with full

implementation required by 2019

The INSPIRE directive aims to create a

European Union spatial data

infrastructure This will enable the

sharing of environmental spatial

information among public sector

organisations and better facilitate public

access to spatial information across

Europe

ISFT Intrasoft

IT Italy EU Member State

JHA Justice and Home

Affairs

Justice and Home Affairs the former

name for a pillar of the European Union

JRC Directorate-

General Joint

Research Centre

JUST Directorate-

General Justice

KEN Knowledge

Exchange

Network

Knowledge Exchange Networks bring

together experts from the national

mapping and cadastral agencies to

provide forums for the exchange of best

practice and to discuss the day-to-day

issues facing all national mapping and

cadastral agencies

LARESDA LAnd REgisters

and Spatial Data

LARDESDA projectrsquos objectives are to

bull Describe information from land

registers and cadastral registrations

which are focused on spatial and non-

legal aspects

275 279

Acronym or

Abbreviation

Term Meaning

bull Study link between descriptive parcel

and the spatial parcelpolygon

(harmonisation)

bull Prepare guidelines on how to include

spatial data in the registration process

bull Develop a Land Property Document

with information originating from land

registers cadastral registrations and other

base registers (tax zoning etc)

bull Optional prototype of standard

document and map search with ELF-

functionality

LR Land Register The land register is a public register of

deeds and rights concerning real

property Depending on the legal system

it may be a register of deeds or a register

of titles Under the system based on the

registration of deeds it is the deed itself

that is registered A deed is a record of a

particular transaction and serves as

evidence of this specific agreement but it

is not itself a proof of the legal right of

the transacting parties to enter into and

consummate the agreement Under the

alternative system based on the

registration of title this process of tracing

the chain of deeds is unnecessary Title

registration is itself a proof of ownership

and its correctness is usually guaranteed

and insured by the State47

LT Lithuania EU Member State

LU Luxembourg EU Member State

LV Latvia EU Member State

MS (EU) Member

State(s)

MT Malta EU Member State

NL Netherlands EU Member State

PCC Permanent

Committee on

Cadastre in

European Union

PCC is the international organisation that

joins together the Cadastral Institutions

of the countries of the European Union

The PCC mission is to create an adequate

space in which to promote the full

awareness of the activities developed by

the European Union and the Member

States related with Cadastre and by

means of this information to develop

strategies and propose common

initiatives with the aim of achieving

276 279

Acronym or

Abbreviation

Term Meaning

greater coordination among the different

European cadastral systems and their

users

PL Poland EU Member State

POC Point of Contact

QA QC Quality

AssuranceQuality

control

RO Romania EU Member State

SE Sweden EU Member State

SEPA Single Euro

Payment Area

SI Slovenia EU Member State

SK Slovakia EU Member State

SOA Service-oriented

architecture

Service-oriented architecture (SOA) is a

software design and software architecture

design pattern based on distinct pieces of

software providing application

functionality as services to other

applications This is known as service-

orientation It is independent of any

vendor product or technology

SOAP Simple Object

Access Protocol

Protocol specification for exchanging

structured information in the

implementation of web services in

computer networks

SPOC Single Point of

Contact

TM Topographic

mapping

UIS Unisys

UK United Kingdom EU Member State

277 279

4142 Architecture overview (Part II)

Term Definition

Asynchronous

call

In computer science an asynchronous call is a form of input

processing that permits other processing to continue before the

execution is finished

See httpenwikipediaorgwikiAsynchrony for more information

Backward

compatibility

In computing a product or technology is backward compatible if it

can work with input generated by an older product or technology such

as a legacy system If products designed for the new standard can

receive read view or play older standards or formats then the

product is said to be backward-compatible

See httpenwikipediaorgwikiBackward_compatibility for more

information

Big-Bang Big bang is the adoption type of the instant changeover when

everybody associated with the new system moves to the fully

functioning new system on a given date

See httpenwikipediaorgwikiBig_bang_adoption for more

information

ECAS ECAS is the European Commission Authentication Service It is a

common authentication system allowing for a single sign on to be

used across a large number of European Commission websites

Enterprise

Service Bus

An enterprise service bus (ESB) is a software architecture model used

for designing and implementing communication between mutually

interacting software applications in a service-oriented architecture

(SOA) As a Software Architectural Model for distributed computing

it is a specialty variant of the more general client server model and

promotes agility and flexibility with regards to communication

between applications Its primary use is in enterprise application

integration (EAI) of heterogeneous and complex landscapes

See httpenwikipediaorgwikiEnterprise_service_bus for more

information

Greenfield Greenfield is a project or generally action that lacks any constraints

imposed by prior work

See httpenwikipediaorgwikiGreenfield_project for more

information

Professional

capacity

certification

The act of identifying and certifying an individualrsquos profession

Reference

Implementation

A reference implementation is in general an implementation of a

specification to be used as a definitive interpretation for that

specification

See httpenwikipediaorgwikiReference_implementation for more

information

Semi-centralised

interconnection

A deployment topology where parts of the systemrsquos functions are

hosted centrally and other parts are deployed in remote nodes

SOAP SOAP originally defined as Simple Object Access Protocol is a

protocol specification for exchanging structured information in the

implementation of web services in computer networks It relies on

278 279

Term Definition

XML Information Set for its message format and usually relies on

other application layer protocols most notably Hypertext Transfer

Protocol (HTTP) or Simple Mail Transfer Protocol (SMTP) for

message negotiation and transmission

See httpenwikipediaorgwikiSOAP for more information

Star topology A Star topology is one of the most common computer network

topologies In its simplest form a star topology consists of one central

switch hub or computer which acts as a conduit to transmit messages

between other nodes

See httpenwikipediaorgwikiStar_network for more information

Synchronous

call

In computer science a synchronous call is a form of input processing

that blocks other processing from taking place until the execution is

finished

X509 In cryptography X509 is an ITU-T standard for a public key

infrastructure (PKI) and Privilege Management Infrastructure (PMI)

X509 specifies amongst other things standard formats for public key

certificates certificate revocation lists attribute certificates and a

certification path validation algorithm

See httpenwikipediaorgwikiX509 for more information Table 1 ndash Terminology

End of LR-QTM-01-FR-REP-001

279 279

DS

-01

-15

-02

2-E

N-N

doi 102838711978

  • Revision History
  • Table of Contents
  • List of Figures
  • List of Tables
  • Executive summary
    • Context and scope
    • Business Analysis
      • State of Play
      • Way Forward
        • Architecture overview
          • Portal develops its own solution
          • Portal interconnects EULIS portal and Member State registers
          • Portal integrates and extends the EULIS platform
            • Handling Payments
              • 1 Part I Business Analysis Report
                • 11 Introduction
                  • 111 Background
                    • 1111 European e-Justice Portal
                    • 1112 Land registers in Europe ndash a fragmented picture
                      • 112 Study objectives
                      • 113 Understanding of lsquoLand Register interconnectionrsquo
                      • 114 Methodology and approach
                        • 1141 Desktop research
                        • 1142 Use of Questionnaires
                        • 1143 Visits and interviews
                        • 1144 Expert meeting
                        • 1145 Business analysis report
                            • 12 State of Play
                              • 121 Relevant Actors
                              • 122 Recent developments
                                • 1221 ELRN IMOLA and CROBECO projects
                                • 1222 EULIS LINE project
                                • 1223 INSPIRE Directive and related networks
                                  • 123 Land Data Specificities in EU Member States
                                    • 1231 National establishments for land data registration
                                    • 1232 On-line availability and level of digitisation
                                    • 1233 Land register and cadastre
                                    • 1234 Title vs Deeds
                                    • 1235 Data availability
                                    • 1236 Search capability
                                    • 1237 Language
                                    • 1238 Legal value of provided information
                                    • 1239 Registration and authentication process
                                    • 12310 Access constraints
                                    • 12311 Payment methods
                                    • 12312 Rules and procedures for data updating
                                    • 12313 Participation in a possible pilot project
                                        • 13 Business requirements
                                          • 131 Processing of data
                                          • 132 No digital information or off-line information only
                                          • 133 Data distribution
                                          • 134 Scope and format of data
                                          • 135 Land register data vs cadastre data
                                          • 136 User authentication
                                          • 137 Data protection
                                          • 138 Complement to provided information
                                          • 139 Translation
                                          • 1310 Payment system
                                          • 1311 System implementation
                                            • 14 The way forward
                                              • 141 Phase 1 of Land Registers Interconnection
                                                • 1411 Legal diversity
                                                • 1412 Linguistic diversity
                                                • 1413 Registration of Users (Phase 1)
                                                • 1414 Towards a common search form
                                                • 1415 Personal data protection
                                                • 1416 Legitimate interest
                                                • 1417 Paymentproof of payment
                                                • 1418 Receiving a response
                                                  • 14181 Providing a response
                                                  • 14182 Understanding the content
                                                  • 14183 Understanding the legal value and possible use of the response
                                                    • 1419 Land Registers Interconnection platform
                                                    • 14110 Implementation of a Phase 1 pilot system
                                                    • 14111 Land Registers Interconnection as a test platform
                                                      • 142 Phase 2 of Land Registers Interconnection
                                                      • 143 Functionalities summary ndash progressive implementation
                                                        • 1431 Phase 1 functionalities
                                                        • 1432 Phase 2 functionalities
                                                          • 144 Alternative improving the Portal information (national pages)
                                                              • 2 Part II Architecture Overview
                                                                • 21 Introduction
                                                                  • 211 Purpose
                                                                  • 212 Scope
                                                                  • 213 Intended Audience
                                                                  • 214 Overview of the document
                                                                    • 22 Information System Description
                                                                      • 221 Information System Position Statement
                                                                        • 23 Compliance
                                                                          • 231 Data Protection Compliance
                                                                            • 24 Architecture Overview
                                                                              • 241 Architectural Goals
                                                                              • 242 Architecture Decisions
                                                                                • 2421 Architecturally Significant Requirements
                                                                                • 2422 Architectural Constraints
                                                                                • 2423 General Findings and Recommendations
                                                                                  • 24231 Architectural Decision AD-001
                                                                                  • 24232 Architectural Decision AD-002
                                                                                  • 24233 Architectural Decision AD-003
                                                                                  • 24234 Architectural Decision AD-004
                                                                                  • 24235 Architectural Decision AD-005
                                                                                  • 24236 Architectural Decision AD-006
                                                                                  • 24237 Architectural Decision AD-007
                                                                                      • 243 Architecture Overviews
                                                                                        • 2431 Alternative 1 The European e-Justice Portal develops its own solution for interconnection
                                                                                          • 24311 Proposed solution overview for alternative 1
                                                                                          • 24312 Key concepts of alternative 1 proposed solution
                                                                                          • 24313 Implementation notes of alternative 1
                                                                                            • 2432 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                              • 24321 Proposed solution overview for alternative 2
                                                                                              • 24322 Key concepts of alternative 2 proposed solution
                                                                                                • 2433 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                  • 24331 EULIS lsquoas-isrsquo view
                                                                                                  • 24332 Proposed solution overview for alternative 3
                                                                                                  • 24333 Key concepts of alternative 3 proposed solution
                                                                                                    • 25 Work packages and effort estimation
                                                                                                      • 251 Alternative 1 the European e-Justice Portal develops its own solution for interconnection
                                                                                                        • 2511 Overview
                                                                                                        • 2512 Description
                                                                                                          • 252 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                                            • 2521 Overview
                                                                                                            • 2522 Description
                                                                                                              • 253 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                                • 2531 Overview
                                                                                                                • 2532 Description
                                                                                                                    • 26 Implementation roadmap
                                                                                                                    • 27 Strengths and weaknesses of the alternatives
                                                                                                                    • 28 Performance and volumetric estimations
                                                                                                                    • 29 Re-usable architectural assets
                                                                                                                      • 3 Part III Proposals for handling payments
                                                                                                                        • 31 Introduction
                                                                                                                          • 311 Purpose
                                                                                                                          • 312 Scope
                                                                                                                          • 313 Intended Audience
                                                                                                                          • 314 Overview of the document
                                                                                                                            • 32 Introduction to payment systems
                                                                                                                              • 321 Definition of a payment system
                                                                                                                              • 322 Types of payment service providers
                                                                                                                                • 33 Payment solution overview
                                                                                                                                  • 331 Solution goals
                                                                                                                                  • 332 Key findings
                                                                                                                                  • 333 Significant solution requirements
                                                                                                                                    • 34 Proposed payment solutions
                                                                                                                                      • 341 Logical solution design
                                                                                                                                        • 3411 Design overview
                                                                                                                                        • 3412 Design significant concepts
                                                                                                                                          • 342 Physical payment solutions
                                                                                                                                            • 3421 Solution 1 Usage of existing payment systems
                                                                                                                                              • 34211 Description
                                                                                                                                              • 34212 Mapping to logical solution
                                                                                                                                                • 3422 Solution 2 Mutual-trust model
                                                                                                                                                  • 34221 Description
                                                                                                                                                  • 34222 Mapping to logical solution
                                                                                                                                                    • 3423 Solution 3 Central payment services provider
                                                                                                                                                      • 34231 Description
                                                                                                                                                      • 34232 Mapping to logical solution
                                                                                                                                                        • 3424 Strengths and weaknesses of the proposed solutions
                                                                                                                                                          • 4 Annexes
                                                                                                                                                            • 41 List of national land registers and their organisation
                                                                                                                                                            • 42 Title vs deed systems
                                                                                                                                                            • 43 Summary of data analysis
                                                                                                                                                            • 44 Detailed comparison tables
                                                                                                                                                              • 441 Parcel address and ID
                                                                                                                                                              • 442 Property coordinates and map
                                                                                                                                                              • 443 Owner
                                                                                                                                                              • 444 Known encumbrances
                                                                                                                                                              • 445 Purchase price
                                                                                                                                                                • 45 Language
                                                                                                                                                                • 46 Usage costs and payments methods per Member State
                                                                                                                                                                • 47 Overview of Member Statesrsquo memberships
                                                                                                                                                                • 48 Member States profiles
                                                                                                                                                                  • 481 AT
                                                                                                                                                                  • 482 BE
                                                                                                                                                                  • 483 BG
                                                                                                                                                                  • 484 CY
                                                                                                                                                                  • 485 CZ
                                                                                                                                                                  • 486 DE
                                                                                                                                                                  • 487 DK
                                                                                                                                                                  • 488 EE
                                                                                                                                                                  • 489 EL
                                                                                                                                                                  • 4810 ES
                                                                                                                                                                  • 4811 FI
                                                                                                                                                                  • 4812 FR
                                                                                                                                                                  • 4813 HR
                                                                                                                                                                  • 4814 HU
                                                                                                                                                                  • 4815 IE
                                                                                                                                                                  • 4816 IT
                                                                                                                                                                  • 4817 LT
                                                                                                                                                                  • 4818 LU
                                                                                                                                                                  • 4819 LV
                                                                                                                                                                  • 4820 MT
                                                                                                                                                                  • 4821 NL
                                                                                                                                                                  • 4822 PL
                                                                                                                                                                  • 4823 PT
                                                                                                                                                                  • 4824 RO
                                                                                                                                                                  • 4825 SE
                                                                                                                                                                  • 4826 SI
                                                                                                                                                                  • 4827 SK
                                                                                                                                                                  • 4828 UK
                                                                                                                                                                    • 48281 England and Wales
                                                                                                                                                                    • 48282 Scotland
                                                                                                                                                                    • 48283 Northern Ireland
                                                                                                                                                                        • 49 Interview Reports
                                                                                                                                                                          • 491 Interview with EULIS
                                                                                                                                                                          • 492 Interview with ELRA
                                                                                                                                                                          • 493 Interview with France
                                                                                                                                                                            • 4931 Overview of the LR situation in France
                                                                                                                                                                            • 4932 Situation in AlsaceMoselle
                                                                                                                                                                            • 4933 The processing of requests
                                                                                                                                                                            • 4934 List of national land registers and their organisation
                                                                                                                                                                            • 4935 Title vs deed systems
                                                                                                                                                                            • 4936 Land register data comparison tables
                                                                                                                                                                              • 49361 Parcel address and ID
                                                                                                                                                                              • 49362 Property coordinates and map
                                                                                                                                                                              • 49363 Owner
                                                                                                                                                                              • 49364 Known encumbrances
                                                                                                                                                                              • 49365 Purchase price
                                                                                                                                                                              • 49366 Language
                                                                                                                                                                              • 49367 Usage costs and payments methods per MS
                                                                                                                                                                                • 4937 Summary
                                                                                                                                                                                    • 410 Common Communication Protocol sample scenarios
                                                                                                                                                                                      • 4101 Sample scenarios
                                                                                                                                                                                      • 4102 Scenario I Professional capacity certification not required
                                                                                                                                                                                      • 4103 Scenario II Professional capacity certification required
                                                                                                                                                                                        • 411 Consolidated responses of Member States to questionnaire 3
                                                                                                                                                                                        • 412 Consolidated responses from questionnaire nr 3
                                                                                                                                                                                        • 413 Reference and applicable documents
                                                                                                                                                                                          • 4131 Business analysis report (Part I)
                                                                                                                                                                                            • 41311 Applicable documents
                                                                                                                                                                                            • 41312 Legal and political reference documents
                                                                                                                                                                                            • 41313 Land data reference documents
                                                                                                                                                                                            • 41314 Links
                                                                                                                                                                                              • 4131 Architecture overview and Proposals for handling payments (Part II and Part III)
                                                                                                                                                                                                • 414 Terminology
                                                                                                                                                                                                  • 4141 Business analysis report (Part I)
                                                                                                                                                                                                  • 4142 Architecture overview (Part II)
Page 3: DG Justice - knjiznica.sabor.hr

HOW TO OBTAIN EU PUBLICATIONS

Free publications

bull one copy via EU Bookshop (httpbookshopeuropaeu)

bull more than one copy or postersmaps from the European Unionrsquos representations (httpeceuropaeurepresent_enhtm) from the delegations in non-EU countries (httpeeaseuropaeudelegationsindex_enhtm) by contacting the Europe Direct service (httpeuropaeueuropedirectindex_enhtm) or calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) () () The information given is free as are most calls (though some operators phone boxes or hotels may charge you)

Priced publications

bull via EU Bookshop (httpbookshopeuropaeu)

Priced subscriptions

bull via one of the sales agents of the Publications Office of the European Union (httppublicationseuropaeuothersagentsindex_enhtm)

4 copy European Union 2014

Abstract

This document is the outcome of the European Commissionrsquos study lsquoEuropean e-

Justice Portal Land Registers Interconnection - Feasibility and Implementation

analysisrsquo It presents the results of a business and a technical study that together forms

the preliminary work toward building a land register interconnection in the European

e-Justice Portal The business study report contains a consolidated view of the land

register landscape in the 28 Member States and their analysis as far as interconnection

aspects are concerned The technical part provides an overview of potential

architecture solutions for such an interconnection Finally the document presents

different possibilities for handling payments

Authors iLICONN Consortium

Rudolf De Schipper

Patrice-Emmanuel Schmitz

Piotr Danowski

Giedre Kazlauskaite

Pedro Torrinha

Nicholas Yialelis

Panagiotis Athanasiou

Version

107

Date

14102014

Disclaimer

This report has been prepared for the European Commission by partners of the

iLICONN consortium (Unisys Corporation and Intrasoft International) It reflects

views only of the authors and the Commission cannot be held responsible for any use

which may be made of the information contained therein

Revision History

Version Author Description

105 iLICONN Original Version

106 iLICONN Clarification regarding EULIS project in sections 121

Relevant Actors and 1222 EULIS LINE project

107 European

Commission

Final revision prior to the publication

5 copy European Union 2014

Table of Contents

Revision History 4

Table of Contents 5

List of Figures 6

List of Tables 7

Executive summary 8

Context and scope 8

Business Analysis 9

Architecture overview 12

Handling Payments 15

1 Part I Business Analysis Report 17

11 Introduction 17

12 State of Play 23

13 Business requirements 38

14 The way forward 44

2 Part II Architecture Overview 61

21 Introduction 61

22 Information System Description 63

23 Compliance 63

24 Architecture Overview 64

25 Work packages and effort estimation 92

26 Implementation roadmap 104

27 Strengths and weaknesses of the alternatives 107

28 Performance and volumetric estimations 111

29 Re-usable architectural assets 112

3 Part III Proposals for handling payments 113

31 Introduction 113

32 Introduction to payment systems 115

33 Payment solution overview 117

34 Proposed payment solutions 121

4 Annexes 134

41 List of national land registers and their organisation 134

42 Title vs deed systems 145

43 Summary of data analysis 147

44 Detailed comparison tables 152

45 Language 178

46 Usage costs and payments methods per Member State 179

47 Overview of Member Statesrsquo memberships 185

48 Member States profiles 190

49 Interview Reports 239

410 Common Communication Protocol sample scenarios 251

411 Consolidated responses of Member States to questionnaire 3 255

412 Consolidated responses from questionnaire nr 3 265

413 Reference and applicable documents 266

414 Terminology 270

6 copy European Union 2014

List of Figures

Figure 1 Summary of functionalities per suggested approach 12

Figure 2 On-line availability 27

Figure 3 Titles vs Deeds in Member States 29

Figure 4 Data availability in Member States 30

Figure 5 Parameters availability in Member States 31

Figure 6 Searches capabilities 31

Figure 7 Available searches in Member States 32

Figure 8 Access to users from other EU Member States 34

Figure 9 Access fee 35

Figure 10 Payment method 36

Figure 11 Member Statesrsquo willingness to participate in the pilot 37

Figure 12 Example of declaration of legitimate interest 49

Figure 13 Implementation process 54

Figure 14 Portal search links 57

Figure 15 Example from the EnglandWales website 58

Figure 16 Alternative 1 Architecture Overview 81

Figure 17 Alternative 2 Architecture Overview 87

Figure 18 EULIS as-is overview 88

Figure 19 Alternative 3 Architecture Overview 90

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1 94

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1 95

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1 96

Figure 23 Work packages and deliverables of alternative 2 100

Figure 24 Work packages and deliverables of alternative 3 102

Figure 25 Proposed LRI implementation roadmap 106

Figure 26 Logical payment solution overview 122

Figure 27 Summary of data analysis 151

Figure 28 Scenario I Overview 252

Figure 29 Scenario II Overview 254

7 copy European Union 2014

List of Tables

Table 1 Member States selected for interviews or visits (criteria) 21

Table 2 Architecture significant requirements 65

Table 3 Architecture constraints 66

Table 4 General architectural findings and recommendations 68

Table 5 Key concepts of alternative 1 architecture overview 85

Table 6 Key concepts of alternative 2 architecture overview 87

Table 7 Key concepts of alternative 3 architecture overview 91

Table 8 Effort estimates in man-months for the implementation of Alternative 1 99

Table 9 Effort estimates in man-months for the implementation of Alternative 2 101

Table 10 Effort estimates in man-months for the implementation of Alternative 3 104

Table 11 Strengths and weaknesses summarisation for all alternatives 110

Table 12 Volumetric estimations 112

Table 13 Key findings 119

Table 14 Solution requirements 121

Table 15 Key concepts of the payment solution design 125

Table 16 Mapping key concepts to solution 1 127

Table 17 Mapping key concepts to solution 2 129

Table 18 Strengths and weaknesses comparison 133

Table 19 List of National land registers 144

Table 20 Titles and deeds systems 146

Table 21 Parcel address and ID 159

Table 22 Property coordinates and map 165

Table 23 Ownership 169

Table 24 Known encumbrance 173

Table 25 Purchase price 177

Table 26 Member States Registers language 179

Table 27 Registers usage costs 185

Table 28 Member State membership 189

Table 29 Consolidated view of payment instruments and volumes per Member State

265

8

Executive summary

Context and scope

The EU Member states have developed property registration systems generally known as

lsquoLand Registersrsquo as from the beginning of the 19th

century The majority of systems are

based on title registration granting the owner with a valid property title In a minority of

cases a deed registration system maintains a chain of authentic documents property

evidence results from that chain The two forms of registration are sometimes combined

Due to technical evolution and administrative simplification some Member States manage

their land registers together with the cadastre New technologies have been applied to both

land registers and cadastre paper files were migrated to computers documents were

scanned allowing for a central storage of digital copies and new lsquoterritorial informationrsquo

such as electronic pictures or multi-layered maps were added Property related

information has however diverse origins and thus different legal value throughout the EU

for example a snapshot picture or a map could not serve as property title evidence but

will be precious for assessing the possible economic value of this property

The quality of justice requires efficient and rapid access to legal information that citizens

and justice professionals need to know This includes obtaining when necessary reliable

information on property rights of citizens and enterprises and verifying whether the

registration of these rights is valid for example prior purchasing or selling a property

Public authorities and professionals including notaries geometers lawyers and credit

institutions need to have access to land registers across Europe

In order to examine different ways of providing cross-border access to land data the

European Commission (EC) DG Justice (DG JUST) has contracted the iLICONN

consortium1 to conduct the present feasibility study

2 that should inform a decision on

whether or not a Land Registers Interconnection (LRI) will be developed for inclusion in

the European e-Justice Portal (hereinafter the Portal or lsquoEJPrsquo)3

lsquoLand Registerrsquo (LR) is used in its broadest meaning a national (or regional if no national

file exists) electronic information source providing access to relevant land property data

lsquoInterconnectionrsquo means searching and obtaining such land data from registers managed

by participating Member States

1 The iLICONN consortium was formed by Unisys Belgium (leader) Intrasoft international Ltd and

Bilbomatica Ltd 2 As a feasibility study the scope of the present report does not include any new assessment of the need for

LRI (for example resulting from existing or proposed EU legal instruments) the implementation of LRI was

decided by Member States and by EU authorities as part of the e-Justice action plan 3 Available at httpse-justiceeuropaeu

9

The study has three main parts

The business part analyses land register specificities in the 28 Member States and

proposes a potential way forward for a possible LRI

The technical part provides an overview of potential architecture solutions for such an

interconnection

The last part explores possibilities for handling payments when a fee is introduced for

accessing data

The three parts are summarised hereafter It is worth noting that according to the study

findings functionalities similar to the ones needed for a possible LRI could be reused in

other projects managed by the European Commission such as a common payment system

or an authorisation system which takes professional capacity certification into account

Business Analysis

State of Play

In order to obtain an overview of the state of play information on national land registers

and their organisation was collected and updated Apart from national authorities a

number of international actors (ELRA EULIS PCC EuroGeographics CLGE) were

identified and relevant developments were described

The analysis highlighted the fragmentation of land data sources It showed that different

systems may co-exist in one Member State Also the analysis revealed that land data

could be distributed across lsquoproperty rights oriented systemsrsquo and lsquoland description

oriented systemsrsquo (cadastre) or that several registers may exist depending on

regionalfederal or administrative fragmentation

Several key findings were drawn from the lsquostate of playrsquo analysis

Two types of property registration systems exist the lsquodeed recording systemrsquo

based on the record of relevant authentic documents and the lsquotitle registration

systemrsquo enabling the provision of evidence regarding property titles A majority of

Member States (17) have a title system or both systems (when they migrated from

a previous deed system) while a minority (11) has a deed system only

Nearly all systems (except one) are digitalised and the majority (23) may be

accessed on-line

4 land property data categories were considered as the most useful for searching

information and 7 were considered as the most useful information to receive in a

response 67 of existing systems are ready for accepting these queries and 81

of them could already provide such information

In most Member States on-line access to land data require user registration

Most systems (22) require some payment to be handled by cards or performed in a

form of prepayment or subscription

Considering the commonalities 52 of Member States volunteer to participate to

a pilot project introducing a first phase of LRI Others are open to discussion or

wish to delay their participation

10

Business Requirements

A one-stop-shop (the Portal as a single European address) a common query form

(available in the language selected by the portal user) and a minimal set of

common query fields are the most immediate benefits (and requirements) of a

common LRI platform

Standard user authentication would be a key advantage in such a platform in the

first phase for handling payments according to interoperable methods and for

obtaining global invoices related to the use of the LRI service

When required the query form must be complemented by a declaration of

legitimate interest (multiple choice pre-filled forms complemented by relevant

information about the user)

Once the query is forwarded to the relevant point of contact in Member States the

way of processing the query will remain dependent on each system on-line when

possible or asynchronous answers sent by mail (e-mail) when the answer or the

certificate must be checkedvalidated by the relevant administration

Before submitting the query and when receiving the answer the user must receive

detailed informationdisclaimers on the legal value and possible use of data

The property data needs to be complemented when available by lsquoland

descriptiveterritorial informationrsquo which is useful for determining the interest or

economic value of a property The previous experience gained from the EULIS

project has proved that having an LRI that is augmented by information on the

boundaries of a parcel of land is a need expressed by citizens and professionals

Translation must be as complete as possible (however compatible with possible

liability and technical possibilities) It could be proposed as an option (imposing a

certain fee)

The LRI platform must ultimately facilitate authentication of administration and

professional users across the EU for determining specific access rights

Way Forward

The possible way forward includes two phases which according to the e-Justice strategy

Member States will be able to follow on a voluntary basis

Phase 1 could be introduced by a pilot project (with a limited number of Member States)

and would be extended to other Member States as soon the solution is developed

implemented and tested successfully No issue related to personal data protection should

arise in this respect Phase 1 would address the following questions

Solving the legal diversity by preparing standard clarification about the legal value

and possible use of provided data

Reducing language issues by translating fixed labels proposing multiple choice

pre-filled forms (eg for reporting a legitimate interest) and standard disclaimers as

well as by implementing a glossary

Implementing a uniform registration process (targeted to all users without

providing specific access rights)

Building a common search form complemented with optional fields and a

declaration of legitimate interest

Providing standard and uniform paymentinvoicing facilities

11

Phase 2 would include a progressive assignment of specific access rights to professional

users including members of other Member Statesrsquo administrations The process would

depend on the possibility to interconnect with national authorities entitled to certify such

professional use Phase 2 would also be focused on migrating when possible from

asynchronous answers to on-line answers reducing the administrative burden and costs of

human intervention

As an alternative those Member States that are not ready at this stage to participate in the

LRI platform could improve the delivery of land register information by implementing

(from their own page on the Portal) a direct link to their system and proposing a standard

query form (at least in English) as well as an optional translation service (for a certain

fee)

The disadvantages of such an alternative approach would be

No common user registration (users must process registration in each Member

State meaning that an additional registration form should be provided)

No common platform to present on-line results each Member State must translate

its own interface or send the answer in an asynchronous way

Translation issues are not facilitated globally (with a common platformglossary)

No interoperable payment systemprepayment on a common virtual

bankglobalisation of invoices would be available

No interoperable evolution towards Phase 2 would be possible (interconnecting all

relevant certification authorities for assigning rights to professional users)

The following figure provides a summary of the different functionalities pre-supposed by

the suggested approach

Current EULIS

Registration ndash making it possible for users to get registered (simple

registration evolution of the current one ndash target use of the

payment system)

Present but at

each LR level

Improvement of static information ndash all interconnected registers

have to clarify what information should be provided to users and

what the legal value of the information is

Present but there

is room for

improvement

Search ndash the core use case of the system responsible for the

execution of searches display of relevant disclaimers information

about land data cost of the search(es) and the final response(s) The

search form must be complemented by the declaration of legitimate

interest when requested

Lack of standard

presentation

form including

all requirements

Translation of all fixed fields titles labels multiple choice pre-

filled forms legal value of information ndash in search and response

forms

Present if

implemented

nationally only

Glossary ndash a multilingual taxonomy or LR terminology and

highlighting lsquoglossary termsrsquo in portal information

Limited

coverage ndash to be

taken over and

Phase 1 (and pilot)

12

improved

Payment ndash allowing submitting payment (pre-paidsubscription or

post-paid) and maintaining for each user its payment

historyaccountinginvoices

National

payments used

Disclaimersrsquo management ndash enabling the management of

disclaimers information about land data and their translation into

all EU languages

Present in

English only

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisations to certify users according to their profession (building a

lsquocircle of trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs

Access management ndash allowing Member States to authorise access to the LR data

based on the requestorrsquos profession

Provision of at least the information on lsquohow and where to submit a queryrsquo on national

(Member Statesrsquo) pages of the Portal

Provision of a basic query form (and a registration form when applicable) in English in

addition to the national language(s)

Validation of the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line the

answer being provided after some time (needed for checking conditionsverification

etc) Figure 1 Summary of functionalities per suggested approach

Architecture overview

Three main alternatives were analysed

Portal develops its own solution

Portal interconnects EULIS and Member State registers

Portal integrates and extends the EULIS platform

Each of these options is described further below

Portal develops its own solution

The total effort required to build and deploy this solution in man-months has been

estimated to be 68 for DG Justice and 6 for each participating Member State

Phase 2

Alternative improving the Portal information

13

Strengths

Complete functional capabilities due to the fact that alternative 1 has been

designed whilst keeping in mind the wide scope of LRI it offers the most complete

set of functionalities allowing flexible search queries to one or more participants

integrating dynamic authorisation schemes provision of responses to search results

and facilitating direct payments from LRI end users to LRI participants

High degree of flexibility The proposed solution for alternative 1 has been

designed so that several aspects which are difficult to address immediately or may

change in the future are abstracted Doing so allows adding further capabilities

(such as certifying professionals using a service provided by a competent

authority)

Potential for expansion The design of the solution allows future expansions as the

information exchanged between LRI participants and the EJP is formally

structured and may be further processed or enhanced according to business needs

An example of this potential is the automatic translation of labels and pre-defined

terms A further development that would leverage existing EJP facilities could be

the complete translation of the information exchanged using machine or manual

translation

Weaknesses

Effort required Evidently this alternative requires more effort than integrating

and re-using EULIS (see also Alternative 3) in order to be analysed and deployed

Previous investment underutilised Given that in Alternative 1 EULIS is not

utilised the investment already made by Member States integrated in this platform

will be underutilised

High complexity The findings of this feasibility study although not detailed to the

level of enabling the immediate production of an actual LRI system have shown

that a variety of subjects (such as the certification of professional capacity) may

prove to be much more difficult than anticipated in terms of analysis as well as

implementation Thus the effort estimated for implementing alternative 1 may

change depending on the findings of further analysis

Portal interconnects EULIS portal and Member State registers

The total effort required to build and deploy this solution in man-months has been

estimated to be 78 for DG Justice and 7 for each participating Member State

Strengths

Combined benefits A close observation of the strengths and weaknesses of

alternatives 1 and 3 shows that they are essentially opposites as the strengths of

one solution are effectively the weaknesses of the other Thus given that this

alternative is designed as a combination of alternatives 1 and 3 it combines their

strengths and manages to diminish some of their weaknesses especially the ones

related to the business and functional capabilities as well as the underutilisation of

the investment already made by Member States in EULIS

Weaknesses

14

Effort required As shown already in the effort estimates presented in this

document (see also alternative 1 and alternative 3 effort estimations) this

alternative requires the highest effort requirement for to roll-out

High complexity Although technically possible the integration of the two

different interconnection approaches may in the future impose constraints in the

overall LRI service provided by the EJP This is true currently since some of the

functionalities offered by the proposed LRI standard cannot be supported by the

EULIS platform without revising it Furthermore DG JUST will have to maintain

two separate service lines as the maturation of the proposed LRI standard may

bring additional services which further diverge from the current EULIS proposal or

it may be the case that further developments in the EULIS platform impose new or

revise existing requirements for integrating it with EJP

Portal integrates and extends the EULIS platform

The total effort required to build and deploy this solution in man-months has been

estimated to be 49 for DG Justice and 11 for each participating Member State

Strengths

Less effort required Evidently when compared with alternatives 1 and 2

following this approach requires less effort for analysis and development

Faster initial roll-out due to the fact that EULIS is already deployed and there are

already Member States participating in the interconnection it is expected that the

initial roll-out of alternative 3 should require less time than the other two

alternatives

Technology portfolio The components used to implement EULIS are conformant

with the technological landscape identified from the responses of the majority of

Member States (14) provided in Questionnaire n3

Weaknesses

Authentication model The current authentication model employed by EULIS is

based on the fact that a Land Register is capable of authenticating its own users

However this hypothesis is not valid for all Land Registers Eventually the

authentication model employed by EULIS will have to be revised in order to

approach the one proposed in alternative 1 so as to be able to scale on a pan-

European level hence requiring additional effort for developing this solution in the

long term

Fewer capabilities by its definition the model employed in EULIS imposes

certain restrictions on the capabilities that can be developed without altering the

platform to the point that it starts resembling alternative 1 For example the

certification of an end userrsquos professional capacity is not supported thus Land

Registers that require such a certification for providing basic or enhanced

information services will not be able to provide them

Asynchronous calls are not supported By definition search queries in EULIS are

executed in near-real time This constraint makes difficult the participation of off-

line registers and imposes an increase in the technical availability the LRI EULIS

peers

15

Handling Payments

The feasibility study has shown that

Member States employ a variety of payment models according to the type of user

The LRI solution should not change drastically the current way of payment and

impose minimal (if any) restrictions on supported payment models

The LRI solution should support at least Credit Transfer and Direct Debit as these

are the most popular payment instruments Given the new developments (most

Member States are currently in the process of changing their approach on payment

systems) it is also advisable to include cards as a payment instrument (straight-

through processing) but as far as possible to phase-out the cheque and cash

payments

The solution should support current international standards and provide a multi-

lingual interface

The solution should facilitate payments to multiple registers using a single

uniform process

Three options are proposed

Using existing payment systems as currently implemented by each register This

looks lsquosimplersquo and lsquolow costrsquo to develop but in most cases the Portal users will not

be able to group services from multiple registers (in a single shopping basket) and

a single payment for all queries will not be possible Therefore it will be complex

for users

The lsquoMutual trust modelrsquo similar to the service offered in the EULIS platform

(which does not provide a payment system in itself but rather an accounting system

facilitating payments) The user will have to establish an account with a competent

authority and has various options

a Pay a monthly fee which allows to the user unlimited LRI access

b Pre-pay an amount which is used as credit for LRI consultations

c Pay nothing upfront but receive periodic bill for LRI consultations the user

has performed

This approach however bears certain difficulties mainly on its organisation and

set-up and subsequently on the technical level as it is required to identify one or

more organisations that can act as lsquocompetent authorityrsquo (ie be within its mandate

to accept payments or be billed for services performed by its accredited users) and

has the technical capacity to perform the task at hand

The central payment services provider which will handle complex transactions

across multiple accounts (Land Registers end users and other stakeholders like

the certification authorities) based on real use and using a common process Such

a service is expected to be provided by an external entity (providing the Payment

Services Platform) which will require compensation for the service offered The

way this solution is expected to work can be summarised as follows

a The user is presented with an invoice and payment options The invoice is

detailed and composed of information provided by multiple Land

Registers

16

b The money is initially transferred into a single bank account

c The payment system breaks down the amount received into small

transactions to each Land Register according to the price requested by

them for the services provided and in a pre-determined time frame (eg

once per month) each Land Registers receive payment for the exact

services they provide

17

1 Part I Business Analysis Report

11 Introduction

According to Articles 4 and 67 of the Treaty of the Functioning of the European Union

(TFEU)4 the European Union (EU) and the Member States have a shared competence for

the implementation of a common area of freedom security and justice (Art 4 and 67

TFEU) The quality of justice includes that justice professionals as well as other users

having a legitimate interest have access to the needed land data in other EU Member

States as well as in their home State Such interest may be illustrated by the need to check

if their own property is correctly registered determine succession rights establish

guarantees on properties abroad or execute court decisions

In order to examine different ways of providing cross-border access to land data the

European Commission DG Justice has contracted the iLICONN consortium to conduct the

present feasibility study that should inform a decision on whether or not a Land Registers

Interconnection will be developed for inclusion in the European e-Justice Portal

The study has four main tasks

Business part which provides analysis of core land data specificities in the 28

Member States of the EU in order to propose possible ways towards a more

consolidated approach for cross-border interconnection

Technical analysis aimed at examining the potential architectural solutions for

achieving the interconnection

Proposal for handling payment which investigates the possibilities for online

payments and looks into ways on how this should be implemented

Collection of business data for the definition of common templates for land data

excerpts

Part I of this report addresses the business part of the study The outcome of other study

parts (II ndash Technical alternatives and III ndash Proposals for handling payments ) were written

as separated reports but are summarised (in the Executive summary) and presented further

(in part II and III) in this feasibility study

4 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European

Community signed at Lisbon 13 December 2007 [OJ C 306 17122007 p1]

18

111 Background

1111 European e-Justice Portal

The decision to create a European e-Justice Portal was taken by the EU Member States at

the Council of the EU in June 2007 As reported in the e-Justice action plan5 the JHA

Council decided that work should be carried out with a view to developing at European

level the use of information and communication technologies (ICT) in the field of justice

particularly by creating a European portal

The e-Justice action plan has placed the European Commission in charge of creating the

technical web platform to allow the operational functioning of the Portal The platform

was set up and became operational as from 2009

The European e-Justice Portal could be defined as an electronic lsquotechnical platformrsquo and is

thus conceived as a future electronic one-stop-shop in the area of justice

The information pages of the Portal are open to everyone enabling anonymous visitors to

access read and when needed download Portal pages documents and forms However

the JHA Council has stated from the beginning that some of the Portalrsquos functionalities or

services should be reserved to authenticated users and to justice professionals As stated in

recital 32 of the action plan the Portal lsquowill permit by means of a uniform authentication

procedure to open up for members of the legal professions the various functionalities

reserved for them to which they will have differentiated access rights It should be

advisable to provide for such a possibility for authentication for non-professionals alsorsquo

The Portal is a work in progress In its initial phase it provided information on both the

EU and the national legal frameworks In a future phase it will allow for more interactions

and services to be used in the field of justice such as providing access to business

registers helping to find a lawyer or facilitating the set-up of trans-border video

conferences

1112 Land registers in Europe ndash a fragmented picture

In Europe two types of property registration systems were developed First the systems

with the double purpose of securing data with regard to the ownership of properties were

created which represents the interest of the owner and the potential buyer ndash thus all

citizens and justice in general Secondly the registration systems establishing a cadastre of

real estate tax payers were implemented for the benefit of the countryrsquos finances The

separation between these two approaches is however not always clear cut In addition due

to technological advancement land register information is now often complemented with

territorial information maps indication related to the type of land environmental

constraints plans related to possible future developments and actual pictures Such

5 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501) [OJ C 75 31032009 p 1]

19

territorial information does not have the same legal value before entering into a real estate

transaction or assessment (ie purchasing a property will management divorce etc)

Due to large cultural diversity and different legal traditions the methods of property title

registration differ considerably between groups of countries A first group of registers

could be called lsquoregisters of documentsrsquo (deed recording systems) The method is based

on the principle that unpublished or private documents cannot serve as evidence against

published or lsquoauthenticrsquo documents Those registers do not provide direct evidence of who

is the holder of a right but they keep trace of the chain of relevant documents and grant

priority to some documents above others This group includes civil law states such as

France (except some territories which acquired German influence) Belgium

Luxembourg Italy (except the autonomous province of Trento) and Romania

Another group of countries developed property registration systems (title registration

systems) According to this method a valid title for the acquisition of property is issued

provided that it is acquired in good faith These are registries of property rights (or titles)

This group comprises countries which follow the German law tradition Germany

Switzerland Poland Slovenia Austria Spain Portugal or Slovakia

It must be noted that with some specific common law particularities the registries of

England Scotland Ireland and Northern Ireland have also moved from previously used

deed systems to title registration systems

Against this background of diversity it is vital to ensure that the legal value of any cross-

border land register excerpt is clearly communicated Therefore each element of an

excerpt cannot be extracted and presented out of its jurisdictional context It must be

complemented by supporting information that guides the reader to understanding the legal

value the possible uses and the meaning of the communicated information

112 Study objectives

The main study objective is to provide a comprehensive analysis of the organisation and

content of land data in 28 EU Member States

The analysis should result in suggestions for possible ways to interconnect the land

registers in the scope of the e-Justice Portal The study should consider the results of the

previous studies and projects in the field More specifically the study should identify

National registers that contain land information their organisation within Member

States and their readiness for the interconnection (level of digitalisation and on-line

integration etc)

Potential implications due to the use of different registration systems (title v deed)

language payment methods the nature and structure of data including the

availability of searches

Relevant data protection rules and procedures that govern updating the land

information

Other elements that will have an impact on the proposed technical solution

20

The main output of the study is the present business analysis report which concludes with

suggesting a possible way forward for establishing cross-border access to land

information

113 Understanding of lsquoLand Register interconnectionrsquo

In the framework of this feasibility study the term lsquoLand Registerrsquo is used in its broadest

meaning a national (or regional if no national file exists) electronic information source

(file or lsquosystemrsquo) providing access to relevant land data Depending on the Member Statersquos

organisation the system could be legally categorised as lsquoLand Registerrsquo of property titles

or as a deeds system In some countries the system is known as lsquoCadastrersquo or maintained

by the cadastre it reports property information combined with information such as maps

country planning or environment

The lsquorelevant land datarsquo means the land parcel address property coordinates property ID

when available parcel ID in other cases owner parcel map encumbrances and price of

acquisition This subset of data (or most of it) is generally considered as minimum

information (taking into account that other data may be stored in addition to the above or

considered at later stage)

lsquoInterconnectionrsquo means that the study will assess whether when and according to which

conditions through the e-Justice Portal some users could be authorised to search and

access (view only and when possible obtain some documented evidence) relevant land

data from registers managed by participating Member States

114 Methodology and approach

The methodology used to conduct the business analysis included several steps which are

outlined further below

1141 Desktop research

This method included the review of the previous studies projects and other relevant

documentation in the field of cross-border access to land register information During this

phase the overview of relevant actors was prepared which allowed identifying the

stakeholders to be contacted in the course of the study

1142 Use of Questionnaires

This step consisted of collecting relevant information via study questionnaires from

stakeholders in 28 EU Member States Initial meetings with the European Land Registers

Association (ELRA) the European Land Information Service (EULIS) and the European

Location Framework (ELF) were organised these organisations provided input for the

preparation of questions Three questionnaires were disseminated to each of the Member

States via e-mail

Questionnaire 1 Identification ndash aimed at investigating the land registersrsquo organisational

structure as well as identifying the contact points for the relevant authorities The

questionnaire was distributed when using the initial list formed from contacts acquired

through DG Justice the European Land Registry Network (ELRN) and the EULIS

21

projects supplemented by the information provided by ELRA and the Permanent

Committee on Cadastre in EU (PCC)

Questionnaire 2 Business ndash had the objective of gathering information on land data

specificities in the 28 EU Member States in order to collect the requested elements of the

business analysis Amongst others questions on data completeness and availability of

searches legal value of information and payment methods were asked

Questionnaire 3 Technical ndash aimed at investigating the technological landscape and land

register capabilities across the EU The questions targeted the audience regarding possible

approaches with regard to the Land Registers Interconnection and potential candidate

platforms for performing on-line payments

Consolidated answers to Questionnaires 1 2 and 3 can be found in Section 2

1143 Visits and interviews

Following the receipt of responses to the Questionnaires several Member States were

chosen for conducting interviews The below table presents the selection criteria for

choosing Member States for interviews

Criteria EE ES FR IT SE NL

Large amount of properties

possessed by nationals from other

EU Member states

X X X

Expected issues X6 X

7

Collaboration with EULIS X X X

Implementation of payment system X X X X

Implementation of web-services X X

Presence of registration X X X

Table 1 Member States selected for interviews or visits (criteria)

The results of the interviews are aggregated with written answers in the Annexes8

6 Digitised system that requires human intervention 7 In France there are 354 property registers with no interaction between them Moreover there is no Internet

portal that allows public to consult these registers 8 Interviews reports have been annexed to this report

22

1144 Expert meeting

In the course of the study the European Commission DG Justice invited experts from EU

Member States to a discussion on the possible LRI on 19 May 2014 at the European

Commission Conference Centre in Brussels9 During the meeting the attendees were

invited to provide their input on the initial findings of the study

1145 Business analysis report

The analysis of the information collected during the study which included the initial

inventory of work answers to the Questionnaires feedback received during the on-line

interviews with the selected Member States and expert meeting as well as discussions with

relevant actors resulted in the present comprehensive business analysis report

9 ILICON consortium (2014) Land Registers Interconnection Minutes of Meeting General Justice 1st Sub-

Group Meeting 19th May 2014

23

12 State of Play

121 Relevant Actors

A number of key actors in the field of land data registration have been identified in the

course of the study Apart from the national authorities the overview of which is

presented in Section 1231 several European organisations are active in different areas

related to land registration and cadastre

European Land Registers Association (ELRA) is an association composed of

30 organisations representing the land registries of 22 EU Member States Its

mission is the development and understanding of the role of land registration in

real property and capital markets ELRA seeks to underline the significance of

Land Registries in Europe as juridical institutions and the scope of the effects of

registration pronouncements as a key tool for progress in the field of property

European Land Information Service (EULIS) is a European Economic Interest

Grouping (EEIG) governed by members each responsible for land and property

information in its own country or region It owns a service that provides easy

access to land and property information for professional customers in Europe It

is also a hub of information where one can find out about different land

registration conditions in each country EULISrsquo long-term mission is to underpin

a single European property market through cross border lending

Permanent Committee on Cadastre in European Union (PCC) is an

organisation that joins together the Cadastral Institutions of the EU Member

States The PCC mission is to promote the awareness of the activities related to

cadastre and to develop strategies with the aim of achieving better coordination

among the different European cadastral systems

EuroGeographics is a non-profit association consisting of the European

cadastre land registry and national mapping authorities It brings together 59

members from 47 countries across Europe Its mission is to further develop the

European Spatial Data Infrastructure through collaboration in the area of

geographical information The vision of the EuroGeographics is to achieve

lsquointeroperabilityrsquo of our Membersrsquo national land and geographic information

assets in order to provide Europe with an information asset that will support

its goal to become the most competitive and sustainable economy in the world

The Council of European Geodetic Surveyors (CLGE) is the leading

organisation representing the geodetic surveying profession in Europe It is

present in 35 European countries including the 28 EU Member States CLGE

promotes the interests of the profession in the EU and fosters its development in

the Council of European countries

All of the above organisations signed an agreement lsquoCommon Visionrsquo for cooperation on

cadastre and land registry issues10

10 EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo for cooperation

on cadastre and land registry issues

24

122 Recent developments

In the past years significant developments took place in the area of land registers

cadastres land data sharing and common standards These are briefly presented further

below

1221 ELRN IMOLA and CROBECO projects

The previously described ELRA association is the leader of three important projects in the

area of land data

The European Land Registers Network (ELRN) is composed of 22 ELRA

members from 19 EU Member States Each organisation appoints a land registry

officer expert in property rights and land registration as its contact point for the

Network The contact points will have the task to advise EU authorities judges

notaries and other legal professionals about how to draft documents in a way that

complies with local land registration law

The Interoperability MOdel for LAndregisters (IMOLA) project was launched

with the purpose of increasing the accessibility and transparency of land registry

information and to facilitate the registration of cross-border documents More

specifically the project aims at establishing a standard means of access to land

registry information creating a standard template for the presentation of land

registry information as well as providing support and training to Land Registrars

and others

The CROss Border Electronic COnveyancing (CROBECO) project aims to set

up a framework governing a conveyancing process for foreign buyers of real

estate The framework for such a process is described in a Cross Border

Conveyancing Reference Framework (CCRF) In the long term the CCRF could

be developed as a basis for optional generic European digital conveyancing rules

A follow-up project aims to implement the tools proposed in the CCRF

1222 EULIS LINE project

As mentioned before EULIS is an EEIG owning a platform (hardware software) which

provides online access to land and property information across Europe to meet the needs

of professional users - lenders conveyancers and other professional groups EULIS

members are divided into two groups

Members with full live service Austria Ireland Lithuania Netherlands Sweden

and Spain (6 countries that are all EU Member States)11

Members that are not or partly connected or that support the EULIS initiative and

have indicated that when conditions are more favourable they will connect Czech

Republic England and Wales Finland Macedonia and Scotland (5 regions or

countries noting that some are not EU Member States)

11 EULIS (2013) EULIS country table state of play November 2013 (Country table state of play update

Nov 2013xls)

25

This service is restricted to registered users which are professional users Such users log

in via their national registers and after being redirected back to the EULIS web site they

can search separately in any of the interconnected land registers A common search

interface is prepared but not yet available Where national registers impose payment this

is handled by EULIS by forwarding information on the transaction costs to the users

national provider who is responsible for charging the user and compensating the remote

national register Additionally EULIS provides free access to certain type of information

such as on legal concepts registration effects of real property conveyance and mortgaging

or contact details of authorities involved in the real property transactions

EULIS plays a crucial role with regard to the possible LRI since the project constitutes the

first successful example of cross-border exchange of land data Any LRI should thus build

on the business and technical experience gained from EULIS as well as the Land

INformation for Europe (LINE) project

The LINE project is the follow-up development of EULIS in the period of 2010-2012

LINE delivered the next generation of EULIS 20 platform offering to new land registry

organisations a possibility to easily and cost-effectively connect and share services across

Europe The main improvements of EULIS 20 include

Change in the architecture (the decision to apply SOA)

Move towards open source software platform

Opening up the service for public users to make certain search requests on land

properties

1223 INSPIRE Directive and related networks

An important development in the field of spatial data infrastructure is the Directive

establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)12

The main goal of this initiative was to create a European Union spatial data

infrastructure which will enable the sharing of environmental spatial information among

public sector organisations across Europe The INSPIRE Directive came into force on 15

May 2007 and is currently undergoing implementation with full implementation required

by 2019 Various instruments have been set up in Member States in order to meet the

roadmap deadlines and to manage the work required to develop an infrastructure that is

both INSPIRE Directive compliant and effective13

However even though substantial

advances have been made since the transposition of the Directive into national legislation

there are still considerable gaps between countries and some barriers and uncertainties

exists with regard to overlapping competences and roles and duties to be undertaken14

It is assumed that INSPIRE could be re-used by the Land Registers Interconnection

solution in the scope of the exchange of the spatial data

12 Directive 20072EC establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE) [OJ L108 14032007 p 1]

See also httpinspirejrceceuropaeu 13 See httpwwwenvironieenDevelopmentHousingPlanningDevelopmentINSPIREDirective 14 See httpinspireeceuropaeureportscountry_reports_mr2012IT-INSPIRE-Report-EN-TRA-

0_DOCpdf

26

Two networks need a special mention in this context as their development is related to the

principles laid out in the Inspire Directive They are both led by the above described

EuroGeographics association

The Cadastre and Land Registry Knowledge Exchange Network (CadampLR

KEN) aims at helping its members to meet usersrsquo needs with regard to cadastral

information at both national and European level The network produced a number

of relevant documents considered in the context of present study Cadastre

iNSPIREd Report15

Cadastre and Land Registry Information Resource16

Cadastre and Land Registry Information Resource 217

Role of the cadastral

parcel in INSPIRE and SDI18

The INSPIRE Knowledge Exchange Network (INSPIRE KEN) is the group

established following the development of the INSPIRE Directive19

Its purpose is

to allow experts to share their experiences on the implementation of the INSPIRE

Directive

In addition to the knowledge exchange networks EuroGeographics association is leading

the European Location Framework (ELF) project which aims at delivering a pan-

European cloud platform and web services for building on the existing work of the

INSPIRE Directive The project brings together 30 participating companies including

national and regional mapping and cadastral agencies software developers application

providers as well as research and academia The project co-funded by the European

Commission was launched in March 2013 and will run for three years

Another spatial data related project led by PCC is the Cadastral Information System as

a resource for the EU policies which provides a set of documentation containing an

overview of the cadastral systems of the EU Member States20

The above overview included developments in the area of land data registration which are

of most relevance when analysing the possible solution for LRI Apart from the projects

listed above however other interesting information sources were identified in the course

of this study The full list of these sources of information can be found in Section 47 of

the report

15 EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011 16 EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March 2008 17 EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July 2010 18 EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007 19 EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5) 20 PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART I (AT BE CZ DE IT SK ES

SE)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART IV (CY FI GR HU PL SI)

27

123 Land Data Specificities in EU Member States

The present section contains an overview of the organisation and content of existing land

registers as reported by Member States Information received during the meetings with

other stakeholders such as EULIS and ELRA is also included as an additional input

For detailed information about national registers and their organisation please refer to

Section 2 of the report

1231 National establishments for land data registration

In the course of the study a high number of specific establishments for registering land

data were identified across the EU It was also found that their distribution per Member

States differs significantly due to registers established at regional level (out of 436 offices

355 of them are located in one Member State in some cases with no consolidation at the

level of a central registers) They include land registers cadastres address registers and

other types of registers In some cases the dual function of land register and cadastre is

embedded into the national registers that are known to perform multiple generic tasks In

addition registers with specific purpose have been reported by Member States created in

accordance to distinct national provisions (eg a purchase price register property tax id

register register of agricultural charges register of sasines or a crofting register)

Depending on how the land data registration is organised in a specific Member State

different national authorities are responsible for the financing and maintenance of

registers The examples are the Ministry of Justice the State Department responsible for

land registration the Geodesy and Cartography agency local courts or the Ministry of

Environment

1232 On-line availability and level of digitisation

The feedback received from the national experts revealed that the vast majority of

Member States provide on-line access21

at least on some subset of data as illustrated in

Figure 2

Figure 2 On-line availability

21 On-line information is considered as data available on Internet

23

5

On-line

Off-line

28

Across each Member State there is at least one land register with fully digitised data

Within a very few Member States the information is not fully digitised However they are

currently consolidating efforts in achieving this objective Thus electronic access exists

today at least for the internal needs of national administrations when registers are not on-

line for external users Therefore the land register digitisation picture in Europe is close to

10022

However the whole land register history and all properties are not always fully

covered mainly because electronic registration started around or after year 2000 in a

number of countries and it was not always possible and reasonable to provide the effort to

digitalise the old historical backlog Access to electronic registers is mainly depending on

policy decisions (each LR authority checking that no legal barrier exists) and on technical

capacities In some cases the register is maintained off-line meaning that the LR

authorities only have access to it In other cases some on-line access is implemented

either to the register or to a specific subset of information extracted from the register for

the general public or for specific categories of professional users like notaries or

geometers

The study revealed that nearly all Member States with electronic off-line or paper based

registers would answer requests from users from other Member States if these are sent

electronically via a standard form in case the register is off-line for external users the

relevant authority would provide an answer by mail (asynchronous way)

When currently proposed by land registers the existing available query forms are written

in the language of the country owning the register (in the case LRI would be based on a

commoninteroperable data structure this should not be necessary anymore)

After the request is received the answer - where not provided on-line - is manually

retrieved by the registrar from an off-line or paper based system and then submitted in a

response to the original request always in the language of the country owning the register

Currently only one Member State with an off-line register does not see the possibility to

provide asynchronous answers to future cross-border on-line requests

1233 Land register and cadastre

As reported on in section 112 two main forms of registering land information coexist in

Europe From a conceptual point of view they are seen as

The land register a public register of rights concerning real property where the

history of transactions (a chain of deeds forging together some evidence) or the

actual title of property itself is registered

22 SI started electronic registration only from 2011 only

In UK EampW only 83 is covered

In ES registration is on voluntary basis and they still keep paper books for the transitional period

MT started electronic registration in 1995 ndash previous records are paper based

In BE deeds are stored only from 2001 and only 50 is covered

In BG electronic registration started in 2009

Similarly EL ndash registration started in 2000

In PL 95

In IE 90

29

The cadastre a systematic description of the land units within an area (mostly

based on maps) and for each parcel providing a unique identification number

location boundaries and surface In addition it may provide information about

owners land classes values and land taxes

The previous experience gained from the EULIS project has proved that having an LRI

that is augmented by information on the boundaries of a parcel of land is a need expressed

by citizens and professionals To illustrate such a requirement it is important to state that

nearly half of the Member States have already integrated their land registers with cadastre

or provide a single interface enabling the communication between these systems The

Study specifications also confirm this need when stating that lsquothe term lsquoland registerrsquo is

used in its broadest meaning for the purposes of this study so a primary goal is to

indicate for each Member State exactly which national register(s) contain land

informationrsquo

Attention should be drawn however to the differences in the legal value of property data a

property title provides legal certainty whereas a picture or a map has no such legal value

(it is a piece of information subject to free appreciationinterpretation) Thus when

communicating information such as location boundaries surface map country planning

or environmental data careful consideration to its value should be given

1234 Title vs Deeds

As already previously mentioned different registration systems are used across Europe

title and deed systems While some Member States use only a deed or only a title system

other Member States use both From the results presented in Figure 3 it can be concluded

that the title systems prevails over the deed systems

The use of different systems in the Member States affects the possible interconnection as

it may lead to different data aggregation framing or presentation requirements it may also

result in difficulties to present a uniform result or offering a uniform search Such

constraints should thus be taken into account when designing the LRI solution

11

12

5

Titles

Titles and deeds

Deeds

Figure 3 Titles vs Deeds in Member States

30

1235 Data availability

After the initial analysis of the information provided by ELRN it was found that the land

data available in the national systems varies in terms of scope structure and format as

well as in the way it is presented and interpreted A minimal set of parameters based on

tests done on the EULIS platform and EULIS experience was considered by the study

team

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

The study highlighted that most registers may provide more than the seven considered

parameters

Figure 4 Data availability in Member States

In spite of the high degree of availability of the selected parameters their significance

should be carefully analysed For example the lsquoParcel IDrsquo can refer to cadastral data

(countries where the registry does not necessarily use the cadastral parcel as a basic unit)

however it can also refer to the national unique property identifier to the property

identification number in the local registry or to a land book identifier The lsquoParcel addressrsquo

data structure also varies in the Member States due to different national standards

Addresses are administered and managed differently in the Member States often by

different organisations and under different laws Although all national or local address

systems share similar concepts and general properties differences exist in formal and

informal standards rules schemas and data models ndash this issue is discussed in depth in the

INSPIRE Data Specification on Addresses23

In some Member States several possibilities

exist for defining the lsquoParcel addressrsquo within a country (eg only a place name used in

rural areas or different rules applicable for rural and urban areas24

)

23 INSPIRE D28I5 INSPIRE Data Specification on Addresses 24 Wikipedia httpenwikipediaorgwikiAddress_(geography)

19

81

Not available

Available

31

Figure 5 depicts the results of the analysis which reveals that commonalities and

intersections exist between data structure and their characteristics across the Member

States A number of registers contain many more parameters than this lsquominimal setrsquo

However as the set is available in a majority of Member States their availability in the

framework of LRI could be considered as a good starting point

Figure 5 Parameters availability in Member States

1236 Search capability

Due to the facts that the four main search fields are present in the majority of land

registers we may consider these four fields a good starting point to make a search form

While the form would be common for all registers specific fields could be shaded if not

used or available in a particular register As Figure 6 depicts 67 of the considered

parameters are ready to be searched in national registers

Figure 6 Searches capabilities

0 4 8 12 16 20 24 28

Purchase price

Encumbrances

Map

Coordinates

Owner

Parcel ID

Parcel address

16 27

28

22

27

26

25

Data Availability

33

67

Not available

Available

32

Figure 7 presents the number of Member States having the available search parameters

Figure 7 Available searches in Member States

It appears that the search by property or parcel ID is the most popular search type

available across the Member States Search by parcel address is available in more than

half of them Some do not offer or apply specific conditions when a search on owner data

is requested

Nearly all Member States share one common search parameter (by lsquoproperty IDrsquo but this

field is variously interpreted) half share two parameters (by lsquoowner namersquo and by

lsquoproperty IDrsquo) and another half share another two parameters (by lsquoaddressrsquo and by

lsquoproperty IDrsquo)

Encumbrances and purchase price when available are useful information to retrieve when

attached to a specific property but using it as search parameters does not appear useful

1237 Language

In general terms search forms and data are available in Member Statesrsquo national

languages In case one Member State uses multiple official languages these are available

in the land registers accordingly (sometimes with the limitation to the applicable region)

Only in several of them a subset of information is additionally provided in English next to

the national language(s) or a translation facility is provided

Consequently in line with the practices applied on the Portal users should be allowed to

select their working language

The query form has to be proposed to a Portal user in the language that heshe has

activated on the Portal (presumably the native language of this user) Validation

messages in case the user entries do not fit with the data structure agreed with the

relevant LR (for example the structure for a lsquoproperty IDrsquo) must also be provided in

this language

The resulting request forwarded by the Portal LRI system should be understood by

the receiving LR

a In the framework of an online web service it is enough if the relevant LR

receives a validated data structure (as agreed for communication between

the Portal and this LR)

0 4 8 12 16 20 24 28

Map

Owner

Parcel ID

Parcel address

15

20

24

15

Search available

Search available

33

b In the framework of an asynchronous answer the LRI must produce a

query form written in the language of the receiving LR allowing human

recipients (members of the LR administration) to understand the request

The answer should be understood by the user

a In the framework of an online web service it is enough if the relevant LR

returns a convenient data structure (as agreed for communication between

the LR and the Portal) This data structure will be presented to the user

inside an answer form written in the language selected by the user

b In the framework of an asynchronous answer the requested LR will

produce an answer form (that will be sent by mailemail) This answer form

should also be translated or provided in the userrsquos language (at least

regarding the field names and all data that are categorised in a limited

number of possible values)

The main issue is related to free-text data that are only available in the original language

but the selected set of parameters contains no (or very few) free text the address (street

name number zip code city) does not need translation The same is true with respect to

the parcel or property ID owner coordinates map and acquisition price Encumbrances

when not reported according to a limited number of categories could possibly be

translated and understood according to an LR glossary

1238 Legal value of provided information

The analysis showed that similar standards exist in attributing legal value to specific

information The examples of distinct practices applied in several Member States are

Information is produced for illustrative purposes only without a formal guarantee

that it corresponds to legal reality

Information reproduces the content of the register at the time of the delivery

however there is no formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a property title

A legal guarantee is provided in the form of a legal certificate at the time of

delivery The certificate can be used in court as a title of property In such cases

the possibilities for providing this in another language will be limited

The analysis revealed that in the majority of the Member States the information can be

provided as a legal certificate (eg sent by mail in an asynchronous way) Furthermore in

some of them when submitting a request the user can specify whether the data should be

delivered in the form of a legal certificate or the request is made for information purposes

only

1239 Registration and authentication process

The analysis of the registration and authentication process in the Member States led to the

conclusion that the most common practise across the EU is sharing information with

registered users only However several Member States provide access to data without

requiring user registration while others allow access to basic data for unregistered users

When some registration is a requirement it is because (in a majority of Member States)

34

information is provided upon receipt of payment without the need to provide a particular

professional certificate

Various technical methods for authentication were identified

User ID and password

Digital signature or certificate

National ID-card

Mobile-ID (the SIM card of a mobile phone works as an identity tool -

implemented in EE only)

On-line bank authentication (implemented in EE only)

Another form of authentication is proving the userrsquos profession (eg notary registered

lawyer property agencies judges and credit and insurance institutions) to access a

specific on-line data file implemented for these profession or more sensitiveconfidential

data

Several observations could be made in regards to national and non-national user access to

the registers In two Member States access to the land registry can be granted only to

national users provided that certain conditions are fulfilled provision of a national digital

certificate verification of the userrsquos account against the e-mail address or submission of a

written on-line application form for each category of users In one of the Member States

access to users from other Member States is decided on a case by case basis

Nevertheless the legal provisions of the vast majority of the Member States allow non-

national users to access their land register data

Figure 8 below shows that only in two Member States the national legislation does not

permit access to the data from outside the national territory

Figure 8 Access to users from other EU Member States

It should be mentioned that in some Member States national provisions foresee

additional requirements to access data (eg the foreign requestor should provide a national

ID card or digital signature) These provisions were however established for the purpose

of additional legal control rather than for imposing obstacles to access the data

The above findings confirm a significant degree of diversity among Member States

regarding user authentication In most cases authentication is simply related to the need

for a payment Authentication for providing access rights of justice professionals is more

26

2

Access allowed

Not allowed

35

complex and depending on national regulation This could be a reason for postponing the

authentication process of professionals to a later phase of possible development (Phase 2)

12310 Access constraints

Regardless of the common data protection standards at EU level the study revealed that

legal provisions in this area vary from one Member States to another

In 9 Member States25

a user has to prove ndash or at least to declare or invoke - a

legitimate interest in order to get access to the land data This interest is an

assumption in many cases owner of the property notary bailiff employee or

public servant acting by reason of his office and institution of judicial

superintendence do not have to declare their legitimate interest

In 18 Member States it would not be currently possible for everyone to search

for information using the personrsquos identification data However when searching

on other criteria such as the address or a property ID it is possible to discover

the owner (this information is available in 27 Member States moreover in 15

Member States search functionality is accessible to everyone whereas in 9

Member States it is available upon demonstration of a legitimate interest)

12311 Payment methods

Most Member States have a structure in place which requires a fee in exchange for data

access Only 4 Member States provide free access to their data In another 2 Member

States some exemptions from payment currently exist (eg applicable for the owner) The

below Figure 9 depicts the current situation

Figure 9 Access fee

25 This information has been collected by the ELRN ES EE EL CY DE BE IE PL RO have reported the

necessity of a legitimate interest However MS are not always explicit regarding this requirement HR and

PT laws states that there is no need to prove a legitimate interest When the requirement is explicit the law

may not detail the exact special evidences or information to be provided in order to prove the existence of a

legitimate interest

22

4 2

Paid

Free

Exemptions

36

It should be noted that generally the provision of service is free of charge for national

governmental organisations whereas administrative structures from other Member States

are generally required to pay a fee

As regards the payment means the vast majority of Member States accept credit and debit

cards and only some Member States deviate from this approach as illustrated in Figure 9

Figure 10 Payment method

The execution time of the payment differs as well with pre-paid payment being the most

commonly used Post-paid payment a subscription and the combinations of these types of

payments (together with a pre-paid payment) were also observed and should thus be

allowed for in a common integrated system

Usually the time of the execution of a payment determines a specific payment means

Pre-paid payment ndash paid by cash or cheque money transfer creditdebit card

Post-paid payment ndash executed via money transfer

Subscription ndash paid using direct debit or money transfer

12312 Rules and procedures for data updating

The study confirmed that depending on national processes the time needed to update the

register may vary Therefore as the time where the information is considered as

reliableexhaustive cannot be predicted in a uniform way each piece of information has to

be delivered with a time stamp taking into account that the situation may change

afterwards Since it does not appear reasonable to keep trace of and update all provided

answers over a long period of time land register authorities limit the answer validity to the

delivery time by convenient disclaimers the excerpt from the land register reflects the

legal status at the moment of issuing and gives legal effect to the excerpt made at that

moment

12313 Participation in a possible pilot project

In the course of the study all Member States were asked whether they would be available

to participate in a possible future pilot project on the interconnection of Land Registers

The objective of the pilot project could be to test and evaluate the solution proposed as the

Phase 1 of Land Registers Interconnection Nearly half of the Member States reported to

17

8

3

CreditDebit

To be defined

Other

37

be willing to participate in such a pilot project and another group of Member States are

open for discussion (eg a positive decision would be determined by the possibility to

receive outside funding etc)

Figure 11 Member Statesrsquo willingness to participate in the pilot

Member States which showed an interest in participating in a possible pilot project

underlined that they see it as a new tool to expand their real estate market Also they

consider it as a possibility to implement and test the integration of national land registry

and cadastre

As the above figure demonstrates 8 Member States would not wish to participate in a

possible pilot however this is mostly due to them being burdened by their current

workloadprojects and therefore this should not be interpreted to mean resistance against

a possible Land Registers Interconnection project

13

4

8

3

Want to participate

Open for discussion

Pilot not supported

No answer

38

13 Business requirements

The results of the Member Statesrsquo consultation have shown that several commonalities are

present amongst them This fact analysed more in depth in the previous section opens the

door to a possible interconnection of land registers across Europe This section of the

report will analyse the main needs that a possible solution could provide an answer for

It is worth noting that a number of potential business cases have been identified based on

suggestions received from the Member Statesrsquo experts

Providing information on burdens (such as buyers or a sellers creditors) that may

affect a given property

Cross boarder insolvency proceedings

Successions - according Regulation (UE) 650201226

LR information should

facilitate the completion of the Certificate of succession when it comprises

immovable assets of the deceased located in a different MS

Exchange of legal data regarding ownership and charges among Member States

(eg see the Brussels Regulation27

and Regulation (EU) No 1215201228

)

In spite of the number of domains where Member States share common practices there

are also diverse approaches that need to be considered From the findings some of the

differences identified cover

Legal context (eg deed vs title systems legal value of the retrieved data)

Conditions under which a land register can be accessed (different level of access

different registrationuser authentication methods service costs)

Scope of the information stored in land registers and data available on-line

Search parameters and the scope of the information retrieved

The purpose for which (taxation or justice) and the way Land Registersrsquo data is

currently being used

Due to these diversities several requirements were identified that the future solution needs

to take into account These are defined in detail further below

131 Processing of data

While the majority of Member States offer on-line access to their land data a few others

still use off-line registers which are available for national administrations only The

search process can be common in all cases (on-line or off-line) When the registers are off-

26 Regulation (EU) No 6502012 on jurisdiction applicable law recognition and enforcement of decisions

and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a

European Certificate of Succession [OJ L 201107 2772012] 27 Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation) [OJ L121 1612001] 28 Regulation (EU) No 12152012 on jurisdiction and the recognition and enforcement of judgments in civil

and commercial matters (recast) [OJ L3511 20122012]

39

line the LR administration acts as an information broker delivering the requested data by

mail or e-mail after checking the legitimate interest of the requester when applicable

Independently of the access mode implementing a common presentation standard for the

query form would be an advantage for facilitating the submission of the query form in the

framework of LRI While the query form could be always submitted on-line this leaves

different options for processing the question and providing the answers (on-line or by

maile-mail)

132 No digital information or off-line information only

One Member State does not have land data available in a digital format even if it may be

considering to have land register services digitalised in the near future In five Member

States the system is not on-line (used internally by the LR administration only) Any

interconnection system should thus also cater for off-line and paper based registers

together with the on-line service

133 Data distribution

Due to the existence of regional registers that are not integrated or consolidated into a

unique database at national level the solution should allow the integration of registers at

different levels (nationally but also regionally) The selection of the relevant register must

be done after selection of the searched region (eg the lsquoLanderrsquo in Germany) Therefore

the solution must clearly inform users which regional register has provided the answer in

any case where the searched Member State has multiple registers

134 Scope and format of data

The land data available in the national systems varies in terms of its scope structure

formats the way it is presented and its legal value including the way it can be used (in

court to purchase a property etc) Any possible LRI solution therefore has to cater to the

existing diversity while providing a harmonised approach

Any solution should support various data sets for each Member State This would allow

compliance with national legislation including the different type of register in use (title vs

deed) In reality this means that various search fields and search responses would be

supported by a LRI Moreover any system would also need to allow for the management

of these search fields (addition removal modification) In order to facilitate its

implementation the search capabilities of a LRI could be implemented gradually

It is foreseen that if a harmonised schema for data exchange ndash a common communication

protocol ndash would be adopted it would simplify data exchange increase productivity and

minimise data waste as well as errors during a possible LRI implementation

135 Land register data vs cadastre data

As previously discussed there are two property registration systems present in Europe

providing different sets of information Due to the availability of new technologies land

register information is nowadays often complemented with supporting information (parcel

description and size environmental data maps pictures territorial planning etc) and in

some Member States the property data are merged with the cadastre and such other

40

information in single systems In other cases however the information is scattered in

different systems and different sets of information are collected Based on experience

from the Member States with an integrated land register and cadastre system users see a

need to complement property related information with additional information on the

property because it is helpful to assess the property value and to prepare a real estate

transaction A system should thus allow even if only in the second phase for the

possibility to find the above supporting data in addition to property and legal status data

Obtaining maps and other available supporting information (without the same legal value

as property data) would provide a more complete and useful picture of the searched

property However in case such supporting information is not merged with the property

related information in a single national file combining access to different files and

aggregating the extracted data in a single answer will increase the complexity and cost of

the interconnection

136 User authentication

The e-Justice Strategy and Action plan adopted by the JHA council and the Strategy on

European e-Justice29

foresee the vision of lsquoa uniform authentication procedure to open up

for members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide for

such a possibility for authentication for non-professionals alsorsquo The Strategy states that

lsquoMembers of the judicial authorities should be given secure access to the various

functionalities reserved for them they should have differentiated access rights and a

uniform or interoperable authentication method should applyrsquo

The analysis performed has shown that implementing a uniform procedure would support

access control and payment facilities of all potential participants in the LRI when relevant

or required easy and uniform registration for accessing information that is available for all

(possibly after providing some justification on the legitimate interest) and payingbeing

invoiced for fees would also benefit professional users thanks to standard query forms in

their native language thanks to the automatic forwarding of the form to the relevant

register thanks to receiving standard invoices In Phase 2 provided a mutual trust

authentication system will be implemented judicial authorities and other professionals

may benefit from differentiated and specific access rights The condition is to cater for the

various authentication and certification processes found in the Member States

Given that professional capacity certification (meaning the act of confirming that a person

is indeed a legal or other professional) is an action that is not necessarily performed by

land registrars a possible solution could also ensure that this activity is carried out by

trusted third parties (eg using the relevant professional organisation or other Member

Statesrsquo administration as a trusted third party) This would imply interconnecting the LRI

platform with third party certification authorities The third party could either be located in

a Member State of the userrsquos origin or in the one owning the register Such a system could

provide a solution to the finding that even when some LR data are available for everyone

for 15 land register systems the Member Statesrsquo legislation requires a specific

IDpassword or other authentication method for professional users categories providing

29 Strategy on European e-Justice 2014-2018 [OJ C 376 21122013 p 7]

41

them a specific (or a more complete) access to land register data With regard to

professional users authentication and the different type of roles associated with those

users there could be different kind of search parameters allowed as well as different data

sets available in the response retrieved

137 Data protection

The existing EU data protection rules (provided for in Directive 9546EC30

and

Regulation (EC) 45200131

as well as other relevant legal instruments) has undergone a

major review process which resulted in the General Data Protection Regulation proposed

in 201232

Personal data means any information relating to an identified or identifiable natural person

(ie the owner of property) even if that person can be identified indirectly (by reference to

an identification number tax-payer number etc) The European Commissionrsquos decision

on the protection of personal data in the European e-Justice Portal33

specifies amongst

others the conditions for storing personal data on the Portal

lsquoNo personal data relating to the data subjects shall be stored in the Portal All

such data shall be stored in the national databases operated by the Member States

or other bodiesrsquo

lsquoPersonal data relating to or provided by Portal users shall not be stored in the

Portal other than in cases where they have signed up as registered users Personal

data of registered users shall be stored until they request the deletion of their

registrationrsquo

It is worth adding that questions formulated by justice professionals should not be

disclosed the fact that the Notary X investigates properties owned by Company Y is

covered by secrecy rules as implemented for relevant professions by national authorities

Disclosing such information (even when it is disclosed by an employee a contractor or a

third party) may be prosecuted34

Therefore data transfer must be secured and should only

be accessed by the authorised recipient

Regardless of common legislation at EU level the study revealed that legal provisions on

the protection of land data vary from one Member State to another (eg the requirement to

prove a legitimate interest or no possibility to search based on identification data) Any

possible solution must respect these different access requirements

30 Directive 9546EC on the protection of individuals with regard to the processing of personal data and on

the free movement of such data [OJ L 281 23111995 p 31] 31 Council Regulation (EC) No 452001 on the protection of individuals with regard to the processing of

personal data by the Community institutions and bodies and on the free movement of such data [OJ L 8

12012001 p 1] 32 Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals

with regard to the processing of personal data and on the free movement of such data (General Data

Protection Regulation) COM2012011 final of 2512012 33 EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014 on the

protection of personal data in the European e-Justice Portal 34 See for example 226-13 Code peacutenal (France)

42

138 Complement to provided information

Resulting from the diverse legal values of information that is available in land registers

and resulting from the possible delivery of data without any legal value (maps pictures

etc) it appears that any answers communicated to users in the framework of LRI must

always be provided together with the necessary disclaimers or the following precisions

Who is responsible for the provided information

What is the legal meaning and value of the data provided

What is the certainty level of the data provided

Until when was the information updated (time-stamp)

How to interpret search parameters and search results (eg property rights)

How to obtain legal output if this is not available on-line

The solution could also have a feature that would inform users in the form of a

disclaimer of the maintenance status of the national register(s) under query (legal

provisions regarding the time requested for updating the register or possibly previous time

periods that are not covered or on which the information is not digitalised)

139 Translation

Any LRI solution will need to be able to provide information in the various EU languages

Such information may include the conditions of the LRI service in a specific Member

State what the user has to know regarding the legal value of information provided by a

specific LR what are the payment conditions per request per property retrieved for

translating the response in another language if available etc

Moreover any disclaimer that is presented to the user should be available in the different

EU languages This is equally true of any standardised material such as a glossary) Such

a glossary is already present in the EULIS initiative A glossary hosted on the LRI

technical platform (a subset of the Portal) must be built as an ontologytaxonomy

establishing the meaning of specific LR concepts across the various jurisdictions

therefore it is more than a simple dictionary

Free text (unstructured descriptions) cannot be translated automatically by the LRI

technical platform mostly for liability reasons the limits of existing automatic translation

tools are well known However when a specific term appearing in a free text field is

present in the LR glossary hosted by the LRI platform this term could be highlighted and

linked to the LR glossary

In addition ndash applicable to asynchronous answers provided by mail after a certain delay

(some hours or days) ndash it was found that some LR authorities provide a translation service

(after payment of a feelump sum)35

The translation of the delivered information is

generally limited to English

35 For example Spain requests a lump sum of euro30 for providing an English translation of retrieved

information

43

1310 Payment system

As detailed in section 55 of the Annexe (Usage costs and payment methods per Member

State) the study gives a complete overview of Member States that provide land register

information for free whereas the majority require a fee For those requiring payment the

various possibilities and payment methods are highlighted in the lsquoProposals for handling

paymentsrsquo (part III) of this feasibility study Therefore a solution for a LRI must include a

payment system

This payment system must cater to the different payments methods used in the Member

States of which credit and debit card are the most common Furthermore the need for

formal and ndash when possible ndash global invoices (eg all fees paid to various registers in a

given period of time) was identified

1311 System implementation

A number of stakeholders have reported that a limited amount of cross-border searches

would lead to a low return on investments Moreover heavy up-front investments were

also found undesirable by Member States especially when some have reported having

limited resources to participate in a possible pilot project Therefore the LRI system

should cater for gradual and voluntary adoption in a first (or pilot) phase

44

14 The way forward

A significant number of Member States have communicated their interest in participating

in a pilot project Some others are open to discussion or did not take any position yet A

minority does not wish to participate in a pilot mostly due to their current workload

burden or because of an on-going land register re-organisation and not due to objections

to the LRI project

The possible way forward includes two main steps or phases for implementing the LRI

system The suggested division in two phases is motivated by the higher degree of

complexity of giving access rights to lsquoauthenticated justice professionals across the whole

EUrsquo (including administrations notaries etc) that would be similar to the access their

national colleagues have to the LR of their home State

The first phase of LRI that could be considered initially as a pilot phase would

present multiple advantages of coordination and integration a common architecture

and single management and maintenance of the technical platform multilingual and

standard query forms better integration inside the e-Justice Portal the possibility to

send one request to multiple registers implementation of an interoperable payment

system This first phase would be targeted to a large public access making it

possible to submit questions on-line and receive answers either on-line or in an

asynchronous way (depending on the policy of the requested LR) It would solve

issues related to the diversity of legal systems translation issues assessment of a

legitimate interest data protection etc These points may require some concrete

work indeed but that work is finally well defined and achievable within the current

legal framework (from the EU and Member States)

The second phase of LRI would be focused on the needs of more specific categories

of professional users including officials from other Member Statesrsquo

administrations in order to make their on-line access possible including their

specific access rights The aim of this phase would be to provide similar access to

all relevant LRs to all lsquousers that need to access LR information in the framework of

their professionrsquo even if they are not nationals of the Member State hosting the LR

This phase would tackle issues which are more serious and complex than those

dealt with in Phase 1 These are mainly related to authentication processes which

necessitate mutual trust and interconnection with multiple professional

organisations and in some cases the necessity for higher guarantees regarding the

protection of personal data

In addition there is one possible alternative (paving the way for a quick win) for Member

States that will not participate in the pilot project

Non-participating Member States could improve and manage their national pages

on the Portal and to link it to a lsquostandardrsquo query form ndash interacting with their own

LR system only Portal users could then fill in and submit these forms to the

national LR Such a system could provide synchronous (on-line) answers when the

national LR system is on-line or - in most cases - at least an asynchronous answer

(off line by mail or e-mail) - eg when the access to the national LR system is

restricted to the national administration which plays the role of human interface and

checks if a legitimate interest exists Such action should be coordinated with the

LRI project in order to present as far as possible similar lsquostandardrsquo query forms in

45

all relevant Member States even if some search fields would be

lsquodeactivatedshadedrsquo when not available in the searched LR

The three possibilities identified above are detailed hereafter

141 Phase 1 of Land Registers Interconnection

As already stated above the objectives of this Phase 1 introduced by a possible pilot

project are as follows

Testing the LRI and solving the issues referred to above

Implementing a real lsquoone-stop-shoprsquo based on a common managed architecture

and linked to a convenient payment system when applicable

Targeting a large public access ie addressing all questions that are not restricted

by specific privileges (working as a certain category of professional) or specific

access rights knowing that this system will also improve the current situation for

professionals

Submitting questions on-line and receiving answers in both on-line and

asynchronous form

1411 Legal diversity

The legal diversity of the different land registers in use in the Member States is an evident

finding of this study It is often presented as a fundamental issue which leads to the

information presented by various registers not being comparable

However the legal diversity and the value of provided information can be quite easily

categorised Clearly this legal diversity points to the important need to provide

complementary information but should not be seen as an obstacle to LRI It simply results

from the difference between the systems used in the various LR organisations ndash a minority

following purely a deed system others a title system and many handling both The LRI

should clearly support all these systems in their diversity through providing succinct but

clear information on the legal value of the information retrieved

The way to clarify the legal diversity is to provide the right information Before using the

service users (even justice professionals) have to know the legal value of the requested

information if it provides the guarantee of a property title if it may be used in court etc

This information can only be provided by the relevant Member State ie on the Member

State-owned Portal pages that will introduce the service and on the page that will present

the answer (or in the mail containing the response in case of an asynchronous answer)

Consequently LRI participating States have to provide property related information with

the appropriate complementary comments and disclaimers and the legal diversity is not an

issue for the Portal itself as a technical platform

The portal can support this process through proposing a standard template to categorise

the legal value

Is the response exhaustive as all land property is registered in the searched LR

At what time and until when is this information valid

46

Are the LR documents you will receive admissible in court as evidence

Are the LR documents you will receive valid as property certificate

Should you buy a property based on the result of a property inquiry through this

service

Can you usepresent copiesprints of delivered responses when selling your

house

Who is responsible for the information provided

How to obtain legal output (admissible on courtvalid as property certificate) if

this is not available via your on-line request

In case a given Member State connects multiple registers to the e-Justice Portal or in case a

question accesses multiple registers the information has to be provided for each register

The disclaimers should not be free unstructured text they should present pre-defined

information subject to translation to the userrsquos preferred language if needed The

categories proposed in Questionnaire 2 were

The provided information is produced for illustration purpose only without formal

guarantee that it corresponds to legal reality

The provided information reproduces the content of the register (X) at the time (Y)

of delivery however there is no formal guarantee that the register is up to date

and corresponds to the legal reality regarding the establishment of a property title

therefore the provided information is not valid as property title and cannot be

used for this purpose

The provided information is a legal certificate It has the state guarantee at the

time (Y) of delivery and ndash according to the condition of the attached disclaimer ndash

it is valid for establishing a title of property

1412 Linguistic diversity

Some Member States reported that they provide interfaces in other languages than the

national one Initiatives such as EULIS present query forms in English Based on the

selection of common search fields a standard query form can be proposed Search fields

not available in the targeted LR can be shown as lsquoinactiversquo or as a lsquoshaded arearsquo This form

like any other lsquostatic informationrsquo provided on the portal can be made available in all EU

languages

The linguistic diversity of provided answers is more problematic as the majority of the

Member States provide answers in their national language(s) only However similarities

between LR systems (titles or deeds) will help presenting information according to similar

templates and therefore will facilitate translation of at least some standardised elements of

the response

The response form if built according to a Portal template can translate all data that are

fixed or that are categorised in a well delimited list of possible values

The fixed fields names titles labels

The fields resulting from a lsquomultiple choicersquo or a lsquoYesNorsquo option

The standard disclaimers or information related to the legal value of the

information

47

On the contrary translating free-textunstructured information is more sensitive Machine

Translation will be available on the Portal but a decision would need to be taken on

providing this service also in the context of LRI For the pilot phase (Phase 1) the data

parameters (address ID owner coordinates map encumbrances price) contain no or few

free text needing translation

Translation and understanding of the answer (eg regarding information that could be

categorised as lsquoencumbrancesrsquo) would be facilitated by providing a specific LR glossary in

the Portal This glossary should be a collaborative work (among participating states) and

should be visible to all (allowing the legal community to contribute with suggestions for

improvements) The glossary must play the role of ontology that helps to understand the

difference between the legal systems These should be reflected linguistically as reported

by Member States a legal concept (as Usufructor Usufruit (France)Nieβbrauch

(Germany)Fruchtgenussrecht (Austria)) may have different meaning due to different

jurisdictions Such differences go beyond language barriers that could be solved simply by

translation

The multilingual LR glossary must work as taxonomy (thesaurus of equivalent legal

concepts providing detailed information) The Portal will be of great support for providing

a technical platform to host such a glossary

1413 Registration of Users (Phase 1)

This is another area where the Portal acting as a one-stop-shop may play an important role

as a facilitator

In the envisaged Phase 1 the user registration system may not provide specific access right

to LR data but will be used to allow users to manage their preferences and to benefit from

the common payment facility The Portal would facilitate connections by providing a

uniform registration process (providing via a specific registration system a User ID and

Password linked with a valid e-mail address) that could be connected to a convenient

payment system

A more elaborated (and complex) registration process should be proposed in the envisaged

Phase 2 especially when there is a requirement to prove and authenticate professional

capacity (administration notary geometer lawyer etc)

1414 Towards a common search form

The standard search form would be a multi-lingual interface which should exist in all

official EU languages (and not only in English or in a limited subset)

This will be possible by focusing the form on an initial minimum set of parameters

(selected among the lsquocandidatesrsquo) by knowing which parameter can be searched in the LR

of all Member States participating in the LRI project

This initial set of lsquocandidatesrsquo includes

Parcel Address

Parcel IDor Property Coordinates (according to the proposed formats)

Property Map

Owner (where this is available for public access)

48

Two other fields will be often available in the response but are not relevant for searching

Known encumbrances

Purchase Price

1415 Personal data protection

The processing of personal data on the Portal is subject to the Commissions Decision of 5

June 2014 on the protection of personal data in the European e-Justice Portal36

This

includes the processing of personal data through a possible LRI In practice this means that

as the LRI platform

The Portal will not store personal data (as if it was the data processor of a database

containing personal data even provided by third parties which are the data

controllers)

The global Portal usersrsquo registration (that is performed at the initiative and request

of each user) would be processed via ECAS (this EU service is external to the

Portal)

On-line answers would be provided by the relevant LRs through the Portal

operating as interfacecommunication network without storing these data

Asynchronous answers (mails from LR authorities to users) will stay outside the

Portals operation (no transitnetworking function)

The main sensitive point is allowing searches on the ownerrsquos name the owner is a search

parameter in 20 Member States but 15 Member States have implemented specific

authentication mechanisms for administration or professionals Disclosing the ownerrsquos

name after searching on an address or a parcelproperty ID (which is in most case a need

when the aim of a request is the processing of a real estate transaction) is less sensitive the

owner is available in the response in 27 Member States It is up to the relevant Member

States and LR authorities to decide if searches and answers containing names would be

authorised

When providing information LRs may add specific disclaimers or instructions concerning

the usereuse of personal data that could be part of the delivered information

It is worth adding that questions formulated by users should not be stored on the Portal In

case a payment system is implemented a reference could be stored (for providing detailed

invoices date relevant LR(s) and reference number of each request)

1416 Legitimate interest

Under 9 national practices or laws (eg in Germany Belgium Spain Sweden) access to

land registers is not granted unconditionally but only in case the user has a legitimate

interest for such access

36 Commission Decision of 5 June 2014 on the protection of personal data in the European e-Justice Portal

(2014333EU) [OJ L167 662014 p58]

49

Due to the high number of requests the results of this study suggest that LR authoritiesrsquo

decisions regarding this lsquolegitimate interestrsquo are not in practice always based on a

systematic inquiry or verification

Two main cases may exist

When the user is a justice professional (or a notary a geometer a credit institution

acting in the framework of its profession) the legitimate interest could be

assumed

In other cases the legitimate interest must be declared by the user for example

a The requestor is the owner of the parcel and wishes to check its legal

status

b The requestor is the owner of a parcel and wishes to know who is

their neighbour

c The requestor wants to purchase the parcel and wishes to know who

the owner is

In a minority of cases the LR will request for more justification or reject the request

Impact on the LR query form As soon as a Land Register requests justification of a

legitimate interest the LR query form must include a corresponding section This may be

facilitated by proposing a multiple choice form such as this is done for example by the

application provided in Spain (lsquoRegistradores de Espantildearsquo)

Figure 12 Example of declaration of legitimate interest

When a legitimate interest has been declared it is good practice that the delivered response

reproduces the declaration For example

Several points should be considered in this context

The Portal standard form may help to clarify the lsquovaguersquo notion of legitimate

interest by proposing an appropriate list of cases or conditions

LEGITIMATE INTEREST CLAIMED

Legaleconomic investigation on credit insolvency or

responsibility

Legal investigation on object ownership or limitations

Investigation for contracting or mediation of shares

The applicant is the registered owner

Other to be specified hereafter

50

This will not be lsquobindingrsquo for the requested LR the decision to deliver (or not) an

answer may always be related to requesting more explanation related to the

legitimate interest in case of doubt

The request for legitimate interest is not an obstacle for LRI but providing more

detailed justification about this interest is more difficult when interacting with

users from other Member States or third countries (using other languages)

Therefore the relevant form must be detailed enough and validated by the Land

Register requesting a legitimate interest

The requirement to justify when needed a legitimate interest does not necessarily

imply that the Portal userrsquos question must be processed off-line in an

asynchronous way if the declaration is replicated as a part of the delivered

response this makes some verification at the time the response is used possible

(eg presented in court) However as long as relevant LR authorities must take the

time to check the reality of a legitimate interest and ndash when appropriate ndash to

conduct further investigation off-line processing will be necessary

For professionals as long as a professional authentication system is not

implemented the form should be complemented by specific declaration allowing

LR authorities to assess (and possibly investigate) when a legitimate interest exists

(for example for searching on the owner)

lsquoI declare to be Notary X acting for professional reasons address xxx e-mail yyy

telephone zzzrsquohellip

lsquoI declare to be Civil Servant X member of administration AAA in Member State

BBB acting in conformity to national law address xxx e-mail yyy telephone

zzzrsquohellip

1417 Paymentproof of payment

Most Member States have a payment structure in place which requires some form of a fee

pre-paid or post-paid in exchange for access to the data Subscriptions are a less used

alternative Several Member States provide free access to the data Therefore any common

Land Registers Interconnection system must consider payment in its design

At the very least pre-paid and post-paid methods must be provided for in a common

integrated system However in order to increase acceptance a subscription method should

also be offered

Regarding the means of payment the vast majority of Member States accept both credit

and debit cards and only some of them deviate from this approach Any future integrated

system should therefore also provide for the most common means of payment ie both

credit and debit cards

The use of a payment service has to be optional as in some Member States access to the

land data is free Due to the fact that some national systems do not process cross-border

payments there is a need to provide a common LR payment system calculating costs

based on information provided by the target land register Cost calculations should be

conducted per service (eg single search) andor per user (subscription)

The payment systems should provide invoices ndash they are needed by professional users to

deduct these expenses The functionalities and possible options regarding this payment

system are analysed in detail in Part III of this feasibility study

51

1418 Receiving a response

14181 Providing a response

Responses can be transmitted on-line or off-line (in an asynchronous way) This last option

appears to be the most appropriate for those Member States that want to check carefully the

legitimate interest of the requestor or for others that wish to deliver a formal property

certificate signed by the register authority and committing the liability of the

administration

In case a Member State has to extract information from several files such as in France

(except in the three departments of region Alsace and Moselle having a single property

register) where a common key (which is the cadastral parcel Nr) can be used for accessing

property data (in the FIDJI system providing access to multiple property registers) and for

accessing cadastral data (in the MAJIC system providing access to multiple cadastres) the

possible solution is that the receiving point of contact will dispatch the request to the

relevant register(s) In Phase 1 these Member States will most probably provide

asynchronous answers only

14182 Understanding the content

Regarding the language it is recommended to maximise the use of pre-defined categories

and fixed fieldrsquos labels reducing the proportion of free text to the minimum possible As

previously mentioned all labels and pre-defined categories may be translated

automatically Since the free text would not be translated automatically a specific

multilingual LR glossary should be implemented to support it All glossary terms when

used in the response must be highlighted allowing users to get more information on the

possible meaning of the term depending on the jurisdiction

The standard fields for responses (when available) are

Parcel Address

Parcel ID or Property Coordinates (according to the proposed formats)

Property Map

Owner (when this is available for public access)

Known encumbrances

Purchase Price

14183 Understanding the legal value and possible use of the response

The understanding of the legal value and possible use of the response can be supported

through a pre-defined set of hypotheses and standard disclaimers as explained in Section

1411

1419 Land Registers Interconnection platform

The principal development to provide in Phase 1 would be the common LRI platform

integrated into the Portal as a new service Several technical alternatives or architectures

are possible for developing this platform including the reuse of all or part of existing

projects These alternatives are discussed in detail in the Part II of this feasibility study The

52

platform should be based on a common communication protocol ndash a harmonised data

exchange mechanism with a set of rules governing essential aspects of the LRI exchange

These can be such as the format of the information exchanged harmonised schemas for the

data exchange the processes supported etc The purpose of the service is to make land

information accessible in a more standardised way in terms of

Communication means (implementing web services from the portal to the various

participating LR administrations)

The process for accessing the data covering all necessary steps to be executed in

order to retrieve the data taking into account that not all steps of such a process

have to be applicable in each Member State

The presentation of the data

The Security measures for the protection of the data exchange

The technology used for the data exchange

Such a service will not only make the Land Registers Interconnection possible but as the

initial set of available parameters will still not be available in all Member States and as the

need for receiving more data should rise progressively it should facilitate a possible future

harmonisation of land data exchanges

14110 Implementation of a Phase 1 pilot system

Important factors in the realisation of the LRI project are the willingness of the Member

States to participate in a Pilot project allowing volunteer users to test Phase 1 of the LRI

model the efficiency of the provided architecture (as proposed in part II of this study) and

the payment system (as proposed in part III of this study)

As mentioned before the majority of the Member States are willing to participate in a

possible Pilot project or are open for discussion The other Member States have clarified

that their LR system is currently in the process of being redesigned or that their ICT

capacities (the server answering to on-line requests from their national professional users)

are already lsquonearly used at 100rsquo but this type of issue (upgrading memory processors or

bandwidth) does not look to present a fundamental barrier for most ICT specialists

The realisation and implementation of a Pilot project and the delivery of an evaluation

report is therefore recommended as a next step

14111 Land Registers Interconnection as a test platform

It was found that functionalities similar to the ones needed for a possible LRI could be

reused in other projects managed by the European Commission such as

A common payment system

An authorisation system which takes professional capacity certification into

account

53

For example similar needs exist in the project developing a Business Register Information

System (BRIS) managed by DG MARKT of the European Commission The aim of BRIS

is to interconnect central commercial and companyrsquos registers in the EU according to

Directive 201217EU37

Therefore the LRI pilot could be considered as a useful test platform in those domains The

value of the development effort would be multiplied if the implemented solution is reused

in other projects

Also the approach taken for resolving the issue of the diversity for Land Registers

Interconnection could be applied to other similar projects

142 Phase 2 of Land Registers Interconnection

The purpose of the LRI Phase 2 would be to progress towards making more on-line

searches in national land registers accessible and making them available to professional

users from other Member States under the same conditions as these searches are available

nationally

Therefore the characteristics of a Phase 2 could be

More focus on on-line research (bringing the LRs that were still off-line during

Phase 1 to deliver synchronous answers and therefore to reduce the administrative

burden due to the manual processing of requests)

Assigning specific and appropriate access rights to professional users including

the members of other Member Statesrsquo administrations

This Phase 2 can be introduced progressively the LRI system should be flexible and it

could be that some Member States will improve the quality of the on-line interconnection

already implemented in Phase 1 while others will switch to synchronous answers in Phase

2 and a remaining group will still prefer to deliver asynchronous responses only

The main issue that Phase 2 must solve is the requirement for professional users to prove

their professional capacity (notary lawyer etc) in order to be considered by the Member

State hosting the LR as if they were similar professional users from that Member State

The issue results from the fact that the Portal will not lsquoauthenticatersquo a user (ie as a Belgian

notary as a French geometer etc) To obtain such authentication it is needed that the

Portal requests a confirmation (ie an electronic certificate) from the relevant professional

body that is competent (in Belgium in France etc) to deliver such authentication In

addition it will be requested that the connected register recognises (has accredited has

trust in) this professional body as a legitimate and reliable source of authentication Last

but not least the authentication (or token certificate) must be delivered at the time of

submitting the query (and not earlier or at the time of registration because someone who is

a notary or a geometer today may resign the day after and not fulfil the conditions

anymore) Member States that have implemented specific on-line access for legal

37 Directive 201217EU amending Council Directive 89666EEC and Directives 200556EC and

2009101EC as regards the interconnection of central commercial and companies registers [OJ L 2012

13062012 p 156]

54

professions (eg France when providing access to the SPDC ndash Serveur professionnel de

Donneacutees Cadastrales) work in close connection with professional organisations The

process may be simplified by providing access to a lsquolaw firmrsquo (Notarial office or cabinet

or lsquoeacutetudersquo) the firm is indeed more lsquostableperennialrsquo than individual members and will be

responsible for providing access rights to staff members

It is easy to understand that such an interconnection is more complex to implement and

therefore requires a Phase 2

In addition to the interconnection with Land Registers the system must

interconnect with the relevant Member Statesrsquo administration or professional

organisations entitled to certify the professional use

The Phase 2 system is focused on a fully automated on-line service

As regards other questions all the lsquoacquisrsquo of Phase 1 will be usable in Phase 2 and this is

the reason why the two phases could co-exist

The process to implement would be as follows involving three components or lsquoactorsrsquo (as

explained in Questionnaire Nr 2)

The user located in a Member State A

The Portal (as the one-stop-shop platform and technical facilitator)

The investigated Land Register(s) located in Member State B (and possibly C D

E etc)

All Member States that participate in the Phase 2 service (including Member State lsquoBrsquo)

manage their own lsquoLRI service pagesrsquo on the e-Justice Portal (static information they

provide in order to inform users about available services and conditions) The Portal

provides translations of these pages A professional user from Member State lsquoArsquo (ie a

notary) registers on the Portal entry point and after readingagreeing on static

informationconditions provided by (one or more) Member State lsquoBrsquo asks for access to

Member State lsquoBrsquorsquos register(s)

When the professional character of the request needs to be authenticated (according to

Member State lsquoBrsquorsquos conditions) the portal requests authentication from the userrsquos home

state A (or professional organisation)

Figure 13 Implementation process

55

Member State lsquoArsquo (the government or the relevant professional organisation) confirms (or

not) that the user has at that time a specific role (ie is actually a notary a geometer a

person acting under professional secrecy) (If step 3 is true) Authentication is forwarded to

relevant Member State lsquoBrsquo(s)

Member State lsquoBrsquo assesses compliance according to an automated process (eg if step 3 is

true if the role is compliant with Member State lsquoBrsquo conditions) and decides to authorise (or

to refuse) access according to its own conditions When authorisation is given the user

fills in the appropriate query form and the relevant available land register communicates

the information The information is always communicated together with the applicable

disclaimer legal value conditions of use (as written by the providing Member State lsquoBrsquo)

Reusing the acquis of Phase 1 the Portal will facilitate the understanding (eg standard

translation of the provided information in so far these conditions are known in advance)

In case there is some fee to pay the electronic payment system implemented during Phase

1 is used (this could be done outside the e-Justice portal according to the appropriate

international payment standards)

143 Functionalities summary ndash progressive implementation

On the basis of the above recommendations in case a one-stop-shop LRI should be

implemented via (or in the framework of) the Portal the following functionalities were

identified

1431 Phase 1 functionalities

Registration ndash making possible for users to get registered (simple registration evolution of

the current one ndash target use of the payment system)

Improvements of static information ndash all interconnected registers have to clarify what

information should be provided to users before they use the service and what the legal

value of the information provided is

Search ndash the core use case of the system responsible for the execution of searches display

of relevant disclaimers information about land data cost of the search(es) and the final

response(s) The search form must be complemented by the declaration of legitimate

interest when requested

Translation of all fixed fields titles labels multiple choices legal value of information

ndash in search and response forms

Glossary - a multilingual taxonomy or LR terminology + highlighting lsquoglossary termsrsquo in

portal information

Payment ndash allowing submitting payment (pre-paidsubscription or post-paid) and

maintaining for each user its payment historyaccountinginvoices

Disclaimers management ndash enabling the management of disclaimers information about

land data and their translation to all EU languages

The improvement of static information (as described in the quick-win alternative scenario)

must take place in all cases because any LRI system must include both information pages

56

(describing the conditions for using the service the legal value and possible uses of

delivered information) and dynamic interaction (query form validation of entries provided

answers)

The elaboration of a one-stop-shop LRI platform could be performed by solving technical

interoperability and non-fundamental issues in order to allow the broad public to submit

queries that will be answered synchronous or asynchronous These issues are

Diversity (providing the correct information)

Terminology (the support glossary)

Legitimate interest (additional declaration form)

Payment system

1432 Phase 2 functionalities

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisation to certify users according to their profession (building a lsquocircle of

trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs as if they

were nationals of those other Member States

Access management ndash allowing a Member State to authorise access to the LR data

according to the submitterrsquos profession

In order to limit implementation costs it is suggested that Phase 2 provides for a gradual

implementation of the Land Registers Interconnection for professional users It should take

place with regard to authentication authorisation searches professional capacity

certification and payments without ignoring business needs Beyond the need to reach

common standards regarding the quality of justice overall in EU (for example when it is

about delivering rapidly a European Certificate of Succession or when enforcing decisions

in matters of matrimonial property regimes) the business needs will be considered when it

is about facilitating real estate transactions obtaining credit etc professional LR

interconnection with Member States where the highest number of real estate transactions

are operated will provide more return on investment from the economic point of view)

144 Alternative improving the Portal information (national pages)

This alternative is recommended for a Member State that will not participate in the LRI

pilot or as a preparationwaiting solution Improving the Portal information pages must be

done in any case (also when participating in LRI Phase 1 and 2) Indeed any LRI system

will always provide a mix of general (or lsquostaticrsquo) information (the service conditions the

way to proceed the legal value of provided information) and interactive (or lsquodynamicrsquo)

interaction This could be achieved by proposing to these Member States to make available

on their own LR system a standard query form in English which entails some mandatory

and optional fields that the user has to fill in for submitting a query and when possible for

obtaining an answer

Currently the e-Justice portal provides only static information regarding the national land

registers all Member States (except Croatia) have provided their national page However

57

in a majority of them the page simply reports the basic information on the land register

who manages it etc without always providing clear instructions on how to formulate a

query

In about 30 of the cases there is an obvious link to a search form to submit which may

be depending on a preliminary registration (obtaining an IDpassword in case the use of

the system is depending on the payment of a fee)

Figure 14 Portal search links

All Member States do have a LR system Nearly all of them (except LU where the process

seems ongoing) are digital systems however online access sometimes is reserved to the LR

administration only (using the database for answering questions from external requestors)

All systems should accept at least asynchronous requests when the database is not on-line

the competent administration is answering by mail (or e-mail) after checking whether the

appropriate conditions have been met

In order to make the submission of LR requests possible the simplest way for a basic one-

to-one interconnection could be organised in a few steps

Providing in the Portal national (Member State) pages at least the information on

lsquohow and where to submit a queryrsquo

Providing a basic query form (and a registration form when applicable) in English

in addition to the national language(s)

Validating the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line

the answer being provided after a delay (needed for checking conditionsverification

etc)

This lsquoquick-winrsquo alternative improvement includes no harmonisation of technical

infrastructure (each Member State maintains its form) However the form could be

elaborated based on a lsquogood practice templatersquo proposed by the European Commission and

similar to the LRI template This requests no Portal architecture modification (each

Member State updates its own LR national page) and no coordination regarding the

payment processes (when applicable each Member State proposes its own payment

facilities selection that exists currently based on the use of creditdebit card andor on a

system of pre-payment)

28

18

54

Easy link to search form

Indirect link (after navigation)

No clear intructions

58

An example of lsquogood practicersquo (combining static and dynamic information) the UK

(England) site httpwwwlandregistrygovukpublicproperty-ownership

Before you use this service

The documents you buy online are not admissible in court as evidence

For this you will need to order official copies of the title register andor title plan by post

You will be asked to register once you are ready to purchase

To order you will need a valid debit or credit card a valid email address and Adobe

Acrobat Reader

The service will only provide details of land and properties that are registered It will not

reveal certain non-residential registered titles such as tunnels pipelines mines and

minerals and airspace leases

Search with full address

Search without full address

Similarly the national web site lsquostatic informationrsquo could address the most basic questions

from users as follows

Figure 15 Example from the EnglandWales website

59

The following advantages could be identified

The improvement needs no common technical platformharmonisation (outside

the current Portal and a link to create in the relevant national page)

It is compatible with both synchronous and asynchronous (off-line) access

It could be based on lsquorecommendedrsquo templates (ie similar to the Phase 1 LRI

template possibly validated by the e-Justice working party)

The Commission may provide some support for translation of forms and static

information

Some national systems (for example Spain with the application lsquoRegistradores de

Espantildearsquo) have already implemented good quality query facilities (including an

interface in English)

There are however several issues related to this alternative solution

This approach is not leading to a lsquoone stop-shoprsquo based on a unique architecture

but is a system of links leading to the relevant LR interface (this is not matching

the Portal objective which according to the e-Justice action plan recital 31amp33

states lsquothe Portal cannot merely be a collection of links but should implement a

one stop shop service for justice providing access to national functionalities by

means of a user-friendly multilingual interface making them understandable to the

European citizensrsquo

There is no common registration system (users must process registration in each

Member State meaning that an additional registration form should be provided)

This approach enables answering to requests from lsquoeveryonersquo (the broad public)

when the request is focused on property data (address or parcel number) but it

will be much more difficult to open the way for providing to professional users

the same conditions under which these searches are available nationally for

registered justice professionals (eg authenticated notaries with direct and

exclusive on-line access to their national system) The access management could

be discriminatory or based on bi-lateral agreements (eg permitting searching on

personal data lsquoall properties owned by Xrsquo) Therefore a fundamental objective

stated in recital 32 of the e-Justice Action plan may not be addressed (lsquothe Portal

will permit by means of a uniform authentication procedure to open up for

members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide

for such a possibility for authentication for non-professionals alsorsquo) At the

contrary the Phase 1 approach that is based on a common platform (the Portal)

where the implemented architecture must support the multiple interconnections

needed will open the way for progressive implementation of Phase 2

Requesting from Member State some template-based interface in a lsquolingua francarsquo

(ie English in addition to national language(s)) is politically sensitive

The use of each national system separately means no possibilities to cover lsquonrsquo

Member States with a single query when it could be neededapplicable

The advantages of a commoninteroperable solution for payments (that may

include a global accounting of all requests global invoices for fees due to all

participating registers etc) are absent

Translation of provided answers remains an issue (in so far as and as long as

answers will be provided in the registerrsquos native language) However one existing

60

national site (Registradores de Espantildea) proposes translation of the provided

information according to a fee per line or for a lump sum

Other national sites could adopt a similar policy (providing translation for a fee to

combine with glossaries for the translation of fixed forms labels multiple choice

options standard disclaimers etc)

61 279

2 Part II Architecture Overview

21 Introduction

211 Purpose

This lsquoArchitecture Overviewrsquo document is a draft revision of the contractual deliverable

produced in the scope of the lsquoTask no 2 ndash Technical implementation analysis with

alternativesrsquo of the Land Registers Interconnection ndash feasibility and implementation analysis

It presents the current understanding with the prospect of further evolution and fine-tuning

as analysis progresses and additional information becomes available

This document has been drafted with the intention to communicate to its reader a conceptual

understanding of the architectural goals provide a high-level vision of the architecture

alternatives and their scope and evaluate the advantages and disadvantages of each

architectural approach Furthermore this document aims to ensure that there is a single

authoritative source for communicating key decisions made about the architectures proposed

in the context of this feasibility study

212 Scope

The scope of this document is to define clearly and in detail each architectural alternative to

allow project stakeholders to decide whether it is technically feasible to implement the Land

Registers Interconnection Network Thus it is in the scope of this document to

Provide a detailed description of the architectural decisions drawn including their

justification alternatives that have been considered and other relevant information

Monitor the status of the architectural decisions

Identify (where applicable) additional requirements or constraints introduced by the

architectural decisions

Provide a clear overview of each alternative within which all architecture-significant

elements are identified

Describe these architecture significant elements and other relevant key concepts in

detail (for example the common communication protocol)

Estimate performance volumetric and resilience requirements

Identify and address concerns relevant to protection of personal data and security

Sketch a potential migration and roll-out roadmap between the alternative architectures

Provide an indicative cost estimate for each alternative

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of each alternative In particular it is not in the scope of

this document to provide

A detailed specification of the common communication protocol to be employed

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

62 279

A detailed fit-gap analysis establishing the actions required so as to integrate EULIS

into alternatives 2 or 3

A detailed security analysis for the proposed alternatives

213 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo

In addition the readers of this document should have an understanding of EULIS v20 and its

capabilities

Please note that this document is primarily intended for software architects and analysts

However the format and language used remains conceptual and does not require additional

technical knowledge

214 Overview of the document

The current document is structured according to the RUPEC v50 methodology and based

on the template provided by the European Commission

However in order to properly address all concerns and requirements that have been raised in

the Technical Annex lsquoLand Registers Interconnection ndash feasibility and implementation

analysisrsquo the pre-defined sections of the document have been revised as follows

Compliance and Re-usable Architectural Assets sections are maintained as such and

cover their pre-defined aspects

Information System Description is reduced so as to provide the information elements

relevant to this study In the original template this section includes several sub-sections

that allow the clear definition of a system with existing technical assets and to

specifically define several quality elements (such as a requirements on a systemrsquos

performance resilience etc) Some of these elements (in particular the performance

aspect) are covered in sections lsquoPerformance and volumetric estimationsrsquo and

lsquoSolution resilience concernsrsquo

Architecture overviews provides the goals of the proposed architectures as well as the

architectural decisions driving their design it contains high level architecture sketches

for all three alternatives explored in the context of this study furthermore it provides a

detailed explanation of the elements appearing in all three solutions For each concept

explained its notation from the preceding diagrams is also presented to further

facilitate the readerrsquos understanding In case a concept is not relevant for all

architecture alternatives a clear demarcation is added informing the reader to which

alternative the concept is relevant

The following sections have been added

Alternatives evaluation which presents the perceived advantages and disadvantages

of each architectural alternative

63 279

Detailed cost estimation which establishes a baseline of effort for implementing

supporting and extending each alternative explored and based on these estimates

provides cost estimation for each

Migration approaches which explores the approach to be followed from migration

from a given architecture to another (based on the migration choices set on the

Technical Annex)

Performance and volumetric estimations which provides volumetric estimations

according to the information provided by Member States in Questionnaire n 3 and

establishes a set of performance requirements relevant to all alternatives

Solution resilience concerns which identifies the expected resilience of the system

and establishes requirements relevant to this subject for all alternatives

The following optional sections have been removed (as non-relevant) in the context of this

study

Document Management Compliance

OLAF Compliance

22 Information System Description

221 Information System Position Statement

For The EJP users (citizens businesses legal practitioners and the

judiciary) in the domain of Justice

Who

Need to acquire information relevant to Land Registers using the

one-stop-shop entry point to information already provided by the

EJP related to Justice at European and national Member State

levels

That Provides land registers related information and access to online

procedures

Unlike The various existing websites and systems which are available in

limited languages and support queries only to specific countries

Our Information

System

Aspires to provide different groups of users with a single entry

point in their language for all land registers related information

and online procedures

23 Compliance

231 Data Protection Compliance

In regard to Personal Data the architecture alternatives analysed in this document are

designed so that the Portal and any other component managed by DG JUST in the context of

LRI does not permanently store any personal data

It is expected however that the Portal may process such data as for example when submitting

a query containing personal data to its intended recipient In addition if it is deemed required

for technical reasons the Portal may temporarily store such data within the end userrsquos

session in which case the data are to be removed once the session is invalidated (eg when

the user logs out) or expired

64 279

24 Architecture Overview

241 Architectural Goals

The proposed architectures have been drafted with the following goals in mind

The criteria set for each alternative in the projectrsquos lsquoTerms of Referencersquo (see REF1)

are observed

The high level Business Case described in the lsquoConsolidation and extension of the

existing business analysis reportrsquo (see REF3) can be realised

The proposed solutions are flexible so that it may be possible to extend them if needed in the

future

The level of participation can be extended from the one achieved in previous efforts

242 Architecture Decisions

2421 Architecturally Significant Requirements

The proposed architecture alternatives presented later in this document conform to the

following requirements which have been identified in the conclusions drawn in REF3 Please

note that the intention is to define the high level requirements to which any of the architecture

alternatives must comply with in order to achieve the goals set earlier in this section

It is not the intention to provide a detailed set of architectural requirements that may be

immediately used for developing any of the proposed alternatives indeed it is expected that

in case the LRI progresses into development further detailed analysis will be required before

development can commence

ID Requirement Description

AR-001 Search capability The main goal of the LRI is to enable its end users to submit

queries relevant to Land Registers information to all

Member States participating in the interconnection

AR-002 Harmonisation In order to achieve the high level Business Case it is

important to ensure that the interconnection participants use

a common protocol of communication and the information

exchanged can be understood by its recipient regardless of

the information source

AR-003 Single entry point In the spirit of lsquoone-stop-shop for judicial mattersrsquo that the

European e-Justice Portal builds upon all services provided

by LRI to its end users need to be exposed through its

graphical user interface

AR-004 Support for

diversity and

gradual roll-out

One of the most important conclusions drawn in REF3 is

that the business landscape is quite diverse in various aspects

(quantity of information quality of information constraints

of accessing the information fees required etc) With that in

mind it is important to support this diversity while at the

same time ensuring that the maximum level of

harmonisation (AR-002) is achieved

65 279

ID Requirement Description

Furthermore given the varying levels of technical and

functional capability of the potential participants the

proposed solutions need to also consider an approach for

gradual roll-out

AR-005 Access Control The proposed solutions need to support the access control

policies of all the potential participants which range from

public access (ie no access control to the information) to

access allowed only to specific professionals

AR-006 Payment for

rendered services

As identified in REF3 the majority of Member States that

responded in the LRI questionnaires require a fee for the

services they provide Given that and in the spirit of AR-

004 the proposed solutions need to foresee that in addition

to any other access control policies a participant is enabled

to implement a payment scheme and control access to the

provided information according to it

AR-007 Personal data

protection

Given the nature of LRI it may be the case that its end users

use information that leads to the identification of a single

individual (such as his forename surname etc) With that in

mind the proposed solutions need to be designed in such a

way so that information that can be categorised as lsquopersonal

datarsquo is protected Table 2 Architecture significant requirements

2422 Architectural Constraints

The following constraints have been identified

ID Requirement Description

AC-001 DG JUST to only

act as facilitator

One of the most basic constraints to be taken under

consideration for any architecture alternative is that DG

JUST acts only as a facilitator of the LRI Thus the

proposed solutions should not foresee processes or assets

that require DG JUST to take direct actions in place of a

participant (eg validate a payment identify the profession

of an LRI end user etc)

AC-002 LRI only supports

information

dissemination

The main intention of the LRI is to provide an entry point

that can be used by interested parties to submit queries for

Land Registers information to LRI participants It thus must

be stressed that it is not the intention to facilitate additional

actions relevant to the manipulation of the provided

information such as submissions of updated information

either between participants or between a participant and an

end user

AC-003 Re-use of existing

assets

Several of the problems tackled by the LRI architectures

share similarities (or are the same) with the ones solved

already by previous projects of the EC Given that it is

important to take such assets under consideration regardless

of their nature (eg technical such as the EULIS Platform or

the INSPIRE directive)

66 279

ID Requirement Description

AC-004 Choice of

technology

Even though it is not in the scope of this document to

precisely define technical assets (as in explicitly define a

particular library database or operating system) it is

required to identify the technological basis upon which the

proposed architectures can be developed With that in mind

it is important to ensure that this technological basis

represents the lsquolowest common denominatorrsquo of the

technologies supported by the potential participants of the

LRI In addition it must be ensured that the technology basis

is composed of components that do not introduce licensing

concerns (eg the technology base should consist mainly of

open source components) Table 3 Architecture constraints

2423 General Findings and Recommendations

The following table summarises the architectural decisions that have been drawn during the

development of the various alternatives These decisions steered the proposed solutions and

take under consideration the goals requirements and constraints expressed in this document

as well as feedback received from the various stakeholders

ID Subject Area Decision Status38

Last Update

AD-001 Interconnection

Architecture

The interconnection

architecture to be followed is

semi-centralised based on a

star topology where a central

hub is used as the medium for

exchanging messages with

participants

In addition some central

components are put in place

to further facilitate message

exchanges

Important tasks such as

authorisation to access

content certification of a

userrsquos professional capacity

DM 06052014

38 The following codes indicate the status of decisions

DM ndash decision made The decision or recommendation has been made having weighed up the

alternatives and stated the justification

AD ndash awaiting decision All information has been gathered to make the decision but no final decision

has yet been made

AI ndash awaiting information More information is needed before a decision can be made

67 279

ID Subject Area Decision Status38

Last Update

(when required) payments

handling etc are expected to

be handled by competent

entities (including

organisations authorities etc)

that may act as peers in the

interconnection

AD-002 Communication

protocol

In order to implement a semi-

centralised interconnection a

common communication

protocol using SOAP-based

web services and supporting a

versioning scheme facilitating

gradual roll-out will be

defined

DM 01072014

AD-003 Communication

mode

The communication mode

used for information

exchanges will be a hybrid

mode using synchronous

communication for technical

calls whereas functional

responses may use either

synchronous or asynchronous

calls

DM 01072014

AD-004 Professional

Capacity

Certification

The professional capacity

certification of an LRI end

user when required is

carried out by a competent

entity with the facilitation of

EJP and using the Land

Registers Interconnection

peer available in the Member

State of the user

In order to certify the

Requesterrsquos professional

capacity the users Member

State of origin will have to

perform a registration

process Once this process is

completed the Requesterrsquos

Member State of origin is

enabled to certify the users

professional capacity when

requested by the EJP using

as input an attribute of the

Requesterrsquos ECAS account

(eg his e-mail)

DM 06052014

AD-005 Query Each participant of the LRI DM 01072014

68 279

ID Subject Area Decision Status38

Last Update

Authorisation provides the LRI Hub with an

authorisation scheme for

query submissions This

scheme is used by the LRI

Hub (and subsequently the

EJP) with the intention to

identify what query

parameters are available

what information is provided

by the participant in response

along with any additional

requirements that the

participant may set in order to

accept a query or provide a

response (eg specific

professional capacity

payment etc)

This process is modelled as

part of the common

communication protocol and

is carried out automatically

AD-006 Information

Structure

Standards

The structure of the

information to be exchanged

between LRI participants and

the LRI Hub is modelled in a

way that takes under

consideration as much as

possible the appropriate

thematic data specifications

and dictionaries of the

INSPIRE directive however

the intention is not to create a

data structure that is fully

compliant with or directly

depending on INSPIRE

DM 01072014

AD-007 Authentication

of an LRI end

userrsquos

professional

capacity

The LRI end userrsquos

professional capacity is to be

authenticated using a digitally

signed token provided by a

competent entity

At a minimum this token will

be signed using an X509

certificate issued by a trusted

Certification Authority

DM 01072014

Table 4 General architectural findings and recommendations

69 279

24231 Architectural Decision AD-001

Subject Area Interconnection Architecture Topic Interconnection

Architectural

Decision

The interconnection architecture to be

followed is a semi-centralised architecture

based on a star topology where a central hub

is used as the medium for exchanging

messages with participants

In addition some central components are put

in place to further facilitate message

exchanges

Important tasks such as authorisation to access

content certification of a userrsquos professional

capacity payments handling etc are expected

to be handled by competent entities (including

organisations authorities etc) that may act as

peers in the interconnection

ID AD-001

Issue or

Problem

Statement

Given its nature the Land Registers interconnection falls under the category

of Enterprise Integration projects In this category different architectural

approaches exist each with its own benefits and shortcomings It is thus

important to identify candidate architecture paradigms and to decide which

is the most appropriate for the Land Registers Interconnection

Assumptions No particular assumptions where used for this decision

Motivation This decision is important as it defines the basis of the proposed

architectures

Alternatives No other alternatives are considered at this time

Justification The decision to follow this architectural approach is considered appropriate

for the following reasons

a Following this approach the participating Member States remain at all

times the owners of their information and control who can access it and

under what conditions

b Existing processes (for example certifying the professional capacity of a

given user) that are already in place by the participants can be re-used

c The effort and resources required for managing and maintaining the

central components are reduced because existing technical assets of the

participating Member States are re-used

d Several central technical assets already exist and can facilitate LRI

exchanges For example the EJP will play the role of entry point for

retrieving Land Register data from participating Member States

e If required additional existing central technical assets may also be

introduced (eg ECAS ndash the European Commission solution for

authentication)

70 279

Implications Following a semi-centralised approach has the following implications

a Troubleshooting connectivity or similar interconnection issues may

become harder

b Depending upon the technical capability and capacity of the

participating Member States additional effort may be required initially

so as to set-up the LRI peer

c Depending on the architectural alternative followed it may be required

to revise EULIS so that it is conformant with this decision Indeed

EULIS is designed following an approach similar to the one described

earlier however some information elements (such as billing) are

controlled centrally by EULIS in these cases effort will be required so

as to identify and implement potential work-around

Derived

requirements

None

Related

Decisions

None

24232 Architectural Decision AD-002

Subject Area Communication protocol Topic Interconnection

Architectural

Decision

In order to implement a semi-centralised

interconnection a common communication

protocol using SOAP-based web services and

supporting a versioning scheme facilitating

gradual roll-out will be defined

ID AD-002

Issue or

Problem

Statement

When integrating information systems following a semi-centralised

approach one of the most important tasks is to establish the information

structures used for data exchanges between them as well as the kinematics

followed to perform these exchanges

Assumptions It is assumed that it is possible to draw a set of information structures that

can be used for the definition of a common communication protocol

Motivation Establishing a common communication protocol as early as possible in the

projectrsquos lifecycle is important as it drives several important elements of

the architecture definition (eg elements and capabilities required to

implement the protocol policies that need to be put in place for the protocol

to work etc)

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a A common communication protocol using open standards (such as

SOAP-based web services) and supporting a versioning scheme for

backward compatibility

b A customised communication protocol per participant In this case a

central component is responsible for receiving requests and translating

them to the format and protocol expected by the recipient

71 279

Subject Area Communication protocol Topic Interconnection

Justification Option (a) is the preferred approach for the Land Registers Interconnection

From a technical point of view using a common communication protocol

reduces the effort required in order to establish information exchanges

between the Portal and Land Register Interconnection peers In addition

any change on the protocol will be global (ie will be valid for all

participants of the Land Registers Interconnection) thus simplifying the

maintenance and further evolution of the solution

This last advantage of option (a) introduces one complexity although in

case a change is to be introduced in the protocol all participants will have

to simultaneously implement it and deploy it This problem is mitigated by

the introduction of the backward compatibility feature which diminishes

the need of a lsquobig bangrsquo approach when rolling out changes and allows

some flexibility to Land Register Interconnection participants in regard to

the implementation timeframe

With the aforementioned advantages in mind a customised communication

protocol is not favoured as it implies a substantial increase in effort not

only for DG JUST but potentially also for the Member States both in terms

of development as well as maintenance This would require that the central

component be capable of utilising 28 potentially different formats for

information exchanges

In addition these formats are not controlled directly by the implementers of

the central component (ie DG JUST) but rather from the Land Register

Interconnection participants which may introduce additional complexities

as each participant may choose to further develop or change his protocol

according to his needs and following his own implementation and rollout

plan

Given these factors it may prove impossible to manage such changes for

the implementers of the central component in a timely fashion or

substantial resources may be required in order to ensure that information

exchanges are possible

72 279

Subject Area Communication protocol Topic Interconnection

Implications a Each participant must implement a set of services according to a

common specification so as to exchange information in the Land

Registers network

b A process for the verification of conformity needs to be devised so as to

ensure that a given implementation can indeed participate in Land

Registers exchanges

c Depending on the standards and the architectural alternative followed

the EULIS implementation may have to be revised in order to conform

to the common communication protocol

d One of the main requirements for being able to establish a common

communication protocol is the ability to normalise the information

exchanged between participants However the information currently

stored in National Land Register systems is diverse Thus a dictionary

will have to be introduced in order to ensure semantic equivalence in

Land Registers Information exchanges

Derived

requirements

AD-006

Related

Decisions

None

24233 Architectural Decision AD-003

Subject Area Communication mode Topic Interconnection

Architectural

Decision

The communication mode used for information

exchanges will be a hybrid mode using

synchronous communication for technical calls

whereas functional responses may use either

synchronous or asynchronous calls

ID AD-003

Issue or

Problem

Statement

The communication mode employed between integrated information

systems is essential for defining exact behaviours both for low-level

technical invocations (eg opening a socket to a server with the intent to

write a stream of data) as well as functional calls (eg submit a search query

using a web service receive the query result in a subsequent asynchronous

invocation triggered by the initial recipient)

Assumptions It is assumed that the open standards used for defining the common

communication protocol can support both synchronous and asynchronous

invocations

Motivation Defining the communication mode is an important element that needs to be

taken into consideration since proper definition drives the technical and

functional capabilities available when defining the kinematics of the

common communication protocol Lastly it is necessary to provide a

uniform experience to the user regardless of the communication mode

followed

73 279

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a Synchronous communication mode both technical invocations and

functional calls are synchronous

b Hybrid mode technical invocations are synchronous whereas

functional calls may be either asynchronous or synchronous

Justification Option (b) is considered to be the preferable approach

Both options are similar in regards to the technical invocation part Indeed

synchronous technical invocations are required to ensure that a peer acting

as a recipient of a call immediately informs a peer acting as sender that an

invocation has been well received and will be subsequently processed

However option (b) adds flexibility on the recipientrsquos side as it allows a

variety of potential implementations to be used For example the level of

automation and technical capability of some Member States may allow them

to perform most operations synchronously (ie synchronous responses to

functional calls) whereas other Member States may have to implement

semi-automated (eg the recipient peer requires a human actor to first

manually authorise a response) or fully manual (eg a human operator

receives the request and manually issues a result) operations which call for

asynchronous responses

Lastly another benefit of the hybrid mode is the fact that it allows the

submission of the same search query to multiple Member States at the in one

action practically an end user can submit a single query to multiple peers at

the same time and receive responses as soon as each peer is able to respond

74 279

Implications a By definition the kinematics implied when following a communication

mode such as the one decided are more complex since the sender must

also implement an entry point for receiving responses for each

asynchronous functional call made Specifically assuming that a peer

acting as sender uses a service called lsquosubmitSearchQueryrsquo exposed by

another peer acting as a recipient has to also implement a service called

lsquoreceiveSearchResultrsquo which the recipient can use to communicate the

results for the query submitted

b The introduction of asynchronous functional calls requires the

introduction of control points to ensure that once a call is made a

response is provided by the recipient within a reasonable time-frame

Given the absence of a specific regulation mandating the answer to be

provided within a pre-defined timeframe it is up to the network

participants to respect the time-frames defined as part of the kinematics

of the common communication protocol Furthermore it is essential that

a third party (ie DG JUST) closely monitor these control points and

publish usage statistics with the interest of maintaining and enhancing

the service provided by the network

c Depending on the architectural alternative followed it may be initially

required to reduce the asynchronous functional calls so as to preserve

backward compatibility with the EULIS platform due to the fact that

EULIS is designed using a synchronous approach (at least as far as

search queries are concerned)

d The introduction of asynchronous calls for submitting search queries

will deny this capability to guest (ie non-registered not logged-in) EJP

users Using asynchronous functional calls mandates the existence of a

context bound to the user initiating such a call so as to ensure that the

response received at a later time can be delivered appropriately

Derived

requirements

None

Related

Decisions

None

24234 Architectural Decision AD-004

Subject Area Professional Capacity Certification Topic Security

Architectural

Decision

The professional capacity certification of an

LRI end user when required is carried out

by a competent entity This entity may be an

LR authority of the end userrsquos Member State

of origin the LR authority receiving the

request or more generally general any other

entity that is considered trustworthy to

provide this information The EJP LRI Hub

and potentially the LRI Peer may facilitate

this process

ID AD-004

75 279

In order to provide such a certification the

competent entity may have to perform a

registration process with the intent to identify

unequivocally the end userrsquos professional

capacity Upon successful completion it is

expected that the competent entity is capable

of providing a certificate proving the end

userrsquos professional capacity when requested

by the EJP and if such a certification is

required by the participant that is queried

using as input an attribute of the end userrsquos

ECAS account (eg his e-mail)

Issue or

Problem

Statement

Some of the services to be provided by the Portal as part of the Land

Registers Interconnection Network module are only available to

authenticated users whose professional role (for example notary) has to be

identified and certified However it is not in the jurisdiction of DG JUST

to validate a userrsquos claim that he is indeed such a professional

Assumptions It is assumed that if adequate information is gathered during a registration

process Member States are in position to properly identify and certify the

userrsquos professional capacity

Motivation It is important to devise an approach that ensures the non-disputable

identification and certification of the userrsquos professional capacity

Alternatives No other alternatives are considered at this time

Justification The approach taken fully supports the existing identification and

certification processes and policies implemented by Member States and in

addition leverages and re-uses existing facilities both in DG JUST (for

example the EJP ECAS etc) as well as in Member States

It allows Member States to handle their own control points such as an

expiration date to the registration which can help addressing the automated

or semi-automated process of identification revocation

Implications a The EJP will be dependent on a set of services not managed by DG

JUST in order to offer access to specific parts of the Land Registers

Interconnection It is thus required to identify the availability

scalability and security of these services and ensure that they are

conformant with the ones established for the EJP

b Depending on the standards and the architectural alternative followed

it may be required that the EULIS platform is revised so as to comply

with this decision as the current solution does not currently support

such an identificationauthentication scheme However assuming that

the alternative chosen incorporates EULIS it may be the case that the

EULIS platform is not used for queries that require elevated security

access

Derived

requirements

None

Related

Decisions

None

76 279

24235 Architectural Decision AD-005

Subject Area Query Authorisation Topic Security

Architectural

Decision

Each participant of the LRI provides an

authorisation scheme to the LRI Hub for

query submissions This scheme is used by

the LRI Hub (and subsequently the EJP)

with the intention to identify what query

parameters are available what information is

provided by the participant as response and

any additional requirements that the

participant may set in order to accept a query

or provide a response (eg specific

professional capacity payment etc)

This process is modelled as part of the

common communication protocol and is

carried out automatically

ID AD-005

Issue or

Problem

Statement

The policies (mandated by legal frameworks decisions etc) followed by

Member States regarding the provision of access to Land Registers

information are diverse The Land Registers interconnection must ensure

proper implementation of these query authorisation policies

Assumptions It is assumed that the outcome of evaluating a policy can be normalised

within the common communication protocol used for LRI exchanges For

example a rejection of a query for a specific reason can be interpreted in

all cases as lsquoFailure to execute the query due to Member State specific

policiesrsquo

Motivation This decision is fundamental for ensuring that Member States retain the

full control of the policies utilised when providing individuals from other

Member States with access to their Land Register information

Alternatives The following alternatives are considered

a The query authorisation process of each Member State is exhaustively

analysed and implemented within the Portal as part of the querying

process

b Each Member State participating in the LRI will be responsible for

providing its authorisation policy for query submissions to the Portal

This action is modelled as part of the common communication

protocol and will be carried out automatically before the requester is

allowed to submit a query

77 279

Justification Option (b) is considered to be the preferable approach

This decision is conformant with the general approach outlined in AD-

001 which foresees that Member States participating in the LRI will

remain in complete control of their Land Register data

Following the proposed approach allows Member States to demarcate

who can access their information (eg any user only professionals etc)

under which conditions (eg free access to all content pay-per-use

monthly or yearly subscription with the acceptance of specific terms and

conditions etc) and in which way (eg complete set of information

provided only a sub-set provided possibility to run queries using a

reduced number of parameters etc)

Implications a Implementing the authorisation process in a fully automated way may

be difficult to model and maintain for Member States

b Depending on the architecture alternative chosen and given that

EULIS currently does not support using query authorisation schemes

it will have to be revised in order to comply with this decision

Alternatively it may be the case that EULIS is not used for queries that

require authorisation to take place

Derived

requirements

None

Related

Decisions

None

24236 Architectural Decision AD-006

Subject Area Information Structure Standards Topic Interconnectio

n

Architectural

Decision

In the cases where Land Registers

information is exchanged between LRI

participants and the LRI Hub its structure is

modelled taking into consideration as much

as possible the appropriate thematic data

specifications and dictionaries of the

INSPIRE directive However the intention

is not to create a data structure that is fully

compliant with or directly depends on

INSPIRE

ID AD-006

Issue or

Problem

Statement

Given the nature of the Land Registers Interconnection and in particular

with the introduction of the common communication protocol an

information structure standard needs to be defined along with one or more

dictionaries for concepts used in the information exchanges

However given the specificities of the information exchanged and the

context (ie deployment of the interconnection as a module in the EJP)

further investigation is required in order to ensure that the standards and

dictionaries defined are fit-for-purpose and extensible

78 279

Assumptions The same assumptions made for AD-002 are valid for this Architectural

Decision

Motivation The main motivation for this decision is to investigate potential standards

and dictionary candidates and evaluate their fitness for using them while

defining the information structure employed by the common

communication protocol

Alternatives The following alternatives are considered

a Design the solution so as to be fully conformant with appropriate

thematic data specifications of the INSPIRE directive

b The structure of the information to be exchanged between LRI

participants and the LRI Hub is modelled taking into consideration

as much as possible the appropriate thematic data specifications and

dictionaries of the INSPIRE directive However the intention is not

to create a data structure that is fully compliant with or directly

depends on INSPIRE

c Defining a lsquogreenfieldrsquo standard and dictionaries for implementing

the information exchanges according to the specific needs of Land

Registers Interconnection

Justification Given the responses provided by Member States in Questionnaire n 3

(see also appendix 2 in this document) in regard to their current INSPIRE

compliancy as well as the implementation roadmap and further keeping

in mind the information diversity identified it is identified that the most

appropriate approach at this point in time is to proceed with alternative

(b)

The intention of this approach is that the information structure supporting

LRI exchanges (and more specifically Land Registers information) is

modelled after a mature standard whilst allowing enough flexibility to

take into account the variance in the adoption of INSPIRE by Member

States It therefore becomes possible for Member States that are already

supporting INSPIRE to easily transform their information into the LRI

format whilst at the same time Member States that do not yet support

INSPIRE can still participate in LRI without having first to become fully

compliant with the specification

Lastly this approach allows the introduction of a gradual approach in the

adoption of INSPIRE for LRI as a whole without first becoming

compliant with INSPIRE

79 279

Implications The immediate implications of this decision are the following

a Due to the complexity of INSPIRE and the width of the scope the

individuals involved in the design of the LRI information

structure need to have a sound understanding of the specification

so as to be able to re-use or use as basis the most appropriate

parts of it

b Even though the LRI information structure is not directly bound to

INSPIRE it is still necessary to closely monitor changes in that

specification and evaluate whether it would make sense to

introduce them in to the LRI information structure

c As a separate specification the LRI information structure may

eventually evolve in a different way to INSPIRE To avoid this it

is recommended that the LRI information structure is modularised

into themes (in a similar fashion with INSPIRE) so that the parts

that are common or similar with INSPIRE are isolated from other

components that may be LRI specific (eg payments)

Derived

requirements

None

Related

Decisions

AD-002

24237 Architectural Decision AD-007

Subject Area Authentication of an LRI end userrsquos

professional capacity

Topic Security

Architectural

Decision

The LRI end userrsquos professional capacity is

to be authenticated using a digitally signed

token provided by a competent entity

At a minimum this token will be signed

using an X509 certificate issued by a

trusted Certification Authority

ID AD-007

Issue or

Problem

Statement

The majority of Member States responding to Questionnaire n 2

answered positively when asked whether it would be acceptable to them

if a Requesterrsquos role is authenticated by his Member State of origin

Given this the Land Registers Interconnection must provide a process

allowing this information to be exchanged between Member States

Assumptions It is assumed that

The Requesterrsquos Member State of origin already has or is able to

implement a registration process that the Requester must undergo

in order to validate the Requesterrsquos role This process does not

have to be fully automated as long as the Requesterrsquos Member

State can provide this information when requested

The Requesterrsquos Member State currently has access or will have

access in the future to technical tools that allow digitally signing

information

80 279

Motivation It is required to define a technical process that can securely and

unequivocally transmit an authentication token containing the

Requesterrsquos role validated by his Member State of origin

Alternatives No alternatives identified at this time

Justification Reliably identifying a user using a digital signature is an industry standard

practice

Furthermore given the context of Land Registers Interconnection where

a large amount of participants wish to ensure that the information

exchanged between them indeed originates from the stated sender the

preferred approach is to use certificates issues by trusted Certification

Authorities so as to avoid the problem of each participant having to

exchange certificates with all other participants in a secure way

In practice the introduction of a trusted third party (ie the Certification

Authority) simplifies the procedure as the validity of a given digital

signature is checked by the recipient by checking whether the certificate

used is issued by a trusted third party without requiring the prior secure

exchange of the senderrsquos Public Certificate

Implications This section will be further developed once a final decision is made

Derived

requirements

None

Related

Decisions

None

243 Architecture Overviews

The following sections of this document provide an overview of the proposed architectures

for the various alternatives requested in REF1

Each alternative is described in its own sub-section initially with a diagram based on

Archimate 20 notation (see REF4) where the solution overview is presented and

subsequently with a table providing details on the key concepts shown in the diagram For

the sake of brevity details for concepts that appear in the following overviews multiple times

are only presented once with the exception of cases where a concept is used in a different

way

81 279

2431 Alternative 1 The European e-Justice Portal develops its own solution

for interconnection

The intention of this alternative is to showcase the possibility of the EJP

developing its own solution for the LRI without re-using the EULIS platform

24311 Proposed solution overview for alternative 1

Figure 16 Alternative 1 Architecture Overview

24312 Key concepts of alternative 1 proposed solution

Name Documentation

Authorisation A service module included in the Common Communication

Protocol which includes services relevant to query authorisation

Such services may include the submission of a userrsquos role (for

example notary Portal registered user etc) or other related

information (eg the userrsquos Member State) prior to the submission of

a query informing the Portal to ask the user to accept specific terms

or conditions depending on the peerrsquos authorisation scheme

allowing the Portal to submit the userrsquos acceptance to the terms and

conditions mandated by the peer for accessing Land Register data

etc

Certification A service module included in the Common Communication

Protocol which provides services relevant to the identification and

certification of an LRI end userrsquos professional capacity Services

included in this module allow the submission of professional

82 279

Name Documentation

capacity certification requests from the EJP towards the peer and

may provide various kinematics such as requesting the EJP to

inform the user that the identification process has been concluded

requesting the user to submit additional information required for the

registration to take place informing the user that the peer cannot

register him etc

It must be noted that this service may be realised already by a

competent entity however without following the technical

specifications of the LRI Common Communication Protocol (for

example this case may occur if CNUE is utilised for certifying

notaries) In such cases it is up to the LRI ESB to perform all

actions necessary so as to submit the request according to the

specifications of the service provided by the competent entity and

handle the response provided by it

Common

Communication

Protocol

Establishing a common communication protocol is essential for

realising the interconnection scheme envisaged for the Land

Registers Interconnection Network

In principle this protocol must foresee all common operations that

are expected to be supported by each peer participating in the

network These operations are further grouped into logical service

modules each relevant to the functional purpose it serves

While drafting these service modules the following key elements

are taken into consideration

A peer may be able to handle requests relevant to the

certification of a userrsquos professional capacity In this context

the peer may also be able to handle registration requests

which are used to initially identify a given userrsquos

professional capacity In this case the peer may respond

either synchronously or asynchronously in which case the

peer should provide synchronously to the hub an expected

deadline for performing the identification process On the

other hand the authentication response must be

synchronous

A peer may be able to provide a query authorisation scheme

to the EJP Doing so allows the Portal to take functional

decisions eg when to allow users to submit queries what

are the allowed queries per user professional capacity etc

A peer may be able to respond either synchronously or

asynchronously to search queries In the latter case the peer

must inform the hub on the expected deadline for returning

its response

A peer may be responsible for storing submitted queries

Please note that these queries may also include personal

data Each query submitted to a given peer must be uniquely

83 279

Name Documentation

and globally identified these identifiers are assigned

centrally (ie by the Land Registers Interconnection Hub)

and thus is not the responsibility of the peer to assign and

maintain them

DG JUST This concept represents the logical boundaries of DG JUST in the

context of LRI

European e-

Justice Portal

This concept represents the EJP It acts as a container for the LRI

Portal module and provides some of its facilities (eg ECAS

authentication web content management etc) to the LRI Portal

module In particular static parts of the information used by the LRI

Portal module (such as disclaimers the LRI Glossary etc) are

maintained by the facilities provided already by the EJP

LRI

Directory

This concept represents a module responsible for maintaining

information relevant to the functional capabilities and authorisation

schemes of the LRI participants

This concept is common for all architecture alternatives Still its

level of completion differs between each More specifically

In alternative 3 this module maintains the search parameters

allowed per participant and potentially additional technical

information required so that LRI EULIS service calls

between the LRI Hub and the LRI EULIS Peers can take

place

In alternative 1 in addition to the search parameters this

directory also holds the query authorisation scheme of each

participant including information such as payment

requirements and supported schemes for performing

professional capacity verification including trusted parties

that may perform this activity Furthermore it includes

information about competent entities that can certify the

professional capacity of an LRI end user and for each such

entity a list of the professions it can certify (eg notaries

lawyers civil engineers etc)

In alternative 2 this directory module holds the information

described in both alternatives 1 and 3

The maintenance of the information kept in this module can be a

shared responsibility between DG JUST and LRI operators of the

participants In practice DG JUST will have to maintain the more

technical information parts or parts that are not relevant to the

participants (eg competent entities performing professional

capacity certification) and LRI operators will have to maintain the

participants search parameters query authorisation schemes etc

The development of this module can be gradual Indeed the level of

information kept within it and the maintenance capabilities it can

provide can evolve according to the functional modules it has to

support

84 279

Name Documentation

LSB This concept represents the LRI Service Bus (LSB) ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI Peers Furthermore it is also

responsible for receiving the query responses from the LRI Peers

and returning them to the LRI Portal module

LRI Hub This concept represents the LRI Hub module ie a collection of

modules required for the LRI to take place

LRI Operator This concept represents the operator of the Land Register system in

a Member State

LRI Peer This concept represents a software component which implements the

common communication protocol and is deployed in the Member

State premises

LRI Portal

GUI

This concept represents the LRI Portal Graphical User Interface

(GUI) that is available to LRI end users via the EJP

LRI RI GUI This concept represents the Graphical User Interface (GUI) provided

by the LRI RI Peer and used by the LRI Operator

LRI RI Peer This concept extends the previously defined lsquoLand Registers

Interconnection Peerrsquo by demarcating a specific software component

that will be provided by DG JUST as the Reference Implementation

(RI) of the common communication protocol

This component must be designed so as to facilitate as many

integration approaches as possible it may provide integration hook

points for automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries

Member

State A

This concept represents the physical premises of a Member State

participating in the LRI

Member

State B

This concept represents the physical premises of a Member State

participating in the LRI

Member

State C

This concept represents the physical premises of a Member State

participating in the LRI

National

Land Register

system

This concept represents the system used within a Member State in

order to manage Land Register data

Notary This concept represents a registered user of the European e-Justice

portal who is also a certified notary

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing payment

information to the Interconnection Hub when such information is

required (eg inform the Hub if a given query has been paid and thus

the requester can access its result)

Portal

registered user

This concept represents a registered user of the European e-Justice

Portal

Search A service module included in the Common Communication

85 279

Name Documentation

Protocol which includes services relevant to receiving queries made

through the European e-Justice Portal as well as services which

when used by the mediating Interconnection Hub allow EJP users to

retrieve and manage previously submitted queries These services

may include retrieval of parameters from previously submitted

queries removal or cancellation of queries previously submitted etc

Secure

transport layer

Given the fact that the information exchanged between Member

States and the European e-Justice Portal may contain sensitive data

(such as personal information of a property owner) It is important to

ensure that the transport medium utilised offers an adequate level of

security

All information exchanges between the European e-Justice Portal

and Member States must be encrypted so as to avoid unauthorised

access to the data exchanged By default at least HTTPS will be

utilised for all information exchanges As an additional measure

encryption may also be provided on the network layer (for example

by using sTesta for all information exchanges between Member

States and the Portal) Table 5 Key concepts of alternative 1 architecture overview

24313 Implementation notes of alternative 1

Before proceeding further it is important to note that the design of alternative 1 caters for a

gradual deployment of the LRI if that is desired

Indeed it is possible to follow a step-wise approach where the various modules of the

common communication protocol are analysed developed and deployed in steps according

to the level of functionality desired at each step More specifically according to REF3 the

following three levels of functionality have been identified

Support for queries to land registers that provide their information publicly without

requiring payment

Support for queries to land registers that require a fee for the information provided

Support for queries to land registers that require a certification of the end userrsquos

professional capacity in order to provide either standard or additional information (and

may also require a fee for the information provided)

Given these levels it is possible to implement alternative 1 as follows

Initially the LRI Hub LRI Portal and a sub-set of the Search and Authorisation

services of the Common Communication Protocol are implemented At this point it

will become possible for LRI end users of the EJP to submit their queries only to those

Member States that do not have any strict requirement for query authorisation (ie do

not require fees or certification of professional capacity) During this phase it is also

expected that a minimal version of the LRI RI Peer is developed and delivered to

86 279

participating Member States that either do not have strict query authorisation schemes

or wish to pilot their participation in the LRI

At a second iteration the Common Communication Protocol and part of the LRI Hub

are further developed so as to allow payments to take place At this point an extended

version of the LRI RI Peer is also developed and delivered to Member States that did

not wish to participate in the first iteration

Lastly a final iteration of the Common Communication Protocol LRI Hub and LRI RI

Peer are developed and delivered to LRI participants and DG JUST providing the

complete set of LRI functionalities

Please also note that due to the versioning capabilities of the Common Communication

Protocol and in conjunction with the LRI Directory module Member States using the initial

version of the LRI Peer will not have to immediately upgrade to the latest revision if they do

not require the additional functionalities offered

2432 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

The intention of this alternative is to examine the possibility of the EULIS platform and the

LRI developed for the EJP co-existing

Before proceeding further it is important that the initial design idea of re-factoring the

EULIS platform into another LRI peer has been abandoned for the following reasons

The technical design of EULIS in regard to the search function is significantly

different Indeed EULIS merely acts as an intermediary showing to the end user a set

of search results containing only URLs which the end user must visit in order to obtain

the requested information whereas the LRI design of alternatives 1 and 2 foresees that

the actual information for a given property is contained within the response received by

the participant and rendered by the EJP

The payments design of EULIS currently facilitates accounting and billing between

Member States but does not allow payments to occur between end users and

participants

Thus the approach taken for alternative 2 foresees that EULIS is integrated lsquoas-isrsquo in to the

LRI Hub and the LRI Portal module copes with two different operational models

87 279

24321 Proposed solution overview for alternative 2

Figure 17 Alternative 2 Architecture Overview

24322 Key concepts of alternative 2 proposed solution

Name Documentation

EULIS This concept represents the logical boundaries of EULIS in the context

of LRI

EULIS

ESB

This concept represents the EULIS ESB component of the EULIS

platform The intention of this design is to integrate the DG JUST LRI

solution to the EULIS platform in the same fashion as the EULIS Web

component (see also REF5)

EULIS

service

This concept refers to the existing EULIS services which essentially

compose the common communication protocol used for EULIS

interconnections

Member

State D

This concept represents the physical premises of a Member State

participating in the LRI

Member

State E

This concept represents the physical premises of a Member State

participating in the LRI

Member

State F

This concept represents the physical premises of a Member State

participating in the LRI

Table 6 Key concepts of alternative 2 architecture overview

88 279

2433 Alternative 3 the European e-Justice Portal integrates and extends the

EULIS platform

The intention of this alternative is to integrate the EULIS platform in to the EJP largely re-

using the facilities it already provides and revising or extending them so that additional

participants may be able to integrate with it and thus participate in the LRI

24331 EULIS lsquoas-isrsquo view

Before proceeding further it is considered appropriate to briefly present an overview of the

current EULIS capabilities and architecture so as to establish an lsquoas-isrsquo view The

information provided here is an extract from the lsquoEULIS Software Architecture v20rsquo

document (see REF5) which provides a more detailed analysis on the specificities of the

EULIS platform

The information currently provided by the EULIS platform includes

Basic description of legal concepts

Description of routines and effects of registration of real property conveyance and

mortgaging

Contact information to authorities involved in the real property transactions

Access to searching real property data is provided in some European Member States to the

general public Where this is not permitted contacts and website links are provided for

ongoing investigations Additional search capabilities are provided to registered users

The EULIS platform architecture overview is presented in the following figure

EULIS 20Land

Register

Interface

EULIS 20

SQL

DataBase

MySQL

WEB

Server

HTTP(s)

APACHE

CMS ndash Public information about EULIS and Help

EULIS 20Enterprise Service Bus (ESB)

JBoss

ESB

Authorized

National

SystemsWith

EULIS 20

Support

Public user

WS Call

Authorization WS Call

Authorization

session

WS Call

Land

Information

WS Call

Land

Information

EULIS

20

WEB

JBoss

AS

Trusted users

Java JDK 16 JEE SOAP 11

XML GML 321

SubVersion Eclipse Classic 361

with JBoss Tools 320M2

ANT JAXB JUnit JMock soapUI 36

EULIS 20ESB

Use as

template

Figure 18 EULIS as-is overview

89 279

The platform is separated into the EULIS Web part which is accessible by the general public

trusted and authorised users and the EULIS ESB which is responsible for the integration of

national systems with EULIS support This later part has been designed so that it can be

provided as a lsquotemplatersquo to new EULIS participants

The mode of operation of the platform foresees that an end user visits the EULIS Web part

and eventually submits a query to a participant The participant provides a list of results that

match the end userrsquos query along with a URL in a server managed by the participant where

the end user can view the land registers information of a specific match included in the search

result

In case authentication is required the EULIS platform directs the user to register himself with

the participant he wishes to submit a query to and subsequently facilitates the authentication

process

The search capabilities of the platform include parameters such as a propertyrsquos identifier or

cadastral unit its address or the ownerrsquos nominal information

Furthermore the platform facilitates payments between EULIS participants by providing

billing and accounting services It must be noted however that actual payments do not take

place through the platform and that the current payment model works only between

participants (ie Land Registers) and not between end users and participants

Lastly as indicated in the figure the EULIS platform is largely using open source

technologies

90 279

24332 Proposed solution overview for alternative 3

The following figure provides an overview of the proposed solution in case it is decided to

proceed with this alternative

Figure 19 Alternative 3 Architecture Overview

24333 Key concepts of alternative 3 proposed solution

Name Documentation

EULIS

Common

Communication

Protocol

This concept represents the EULIS common communication

protocol It includes the services currently provided by EULIS

regarding searching authentication billing and payments

In this alternative the intention is to maintain the already established

EULIS communication protocol as far as search capabilities (ie

search parameters supported specific search criteria per participant)

the technical format of the information exchanged and

authentication are concerned

Gradually further enhancements can be introduced in this

communication protocol including

Payment and billing capabilities so that direct transactions

between LRI end users and LRI participants can take place Please

note that in this case the current system of EULIS regarding these

activities is to be completely replaced

91 279

Name Documentation

Asynchronous query submissions so as to facilitate the

participation of off-line national registers From a technical point of

view this enhancement is possible since it requires adding

additional service operations to the existing search facilities of

EULIS that will allow asynchronous submissions of queries on the

participants side subsequently on the LRI EULIS ESB side a set of

additional service operations will need to be added so that the

participants response is received at a later time

One element that has to be stressed here however is that the EULIS

communication protocol requires that the LRI EULIS peers of all

participants provides a graphical user interface accessible via the

Internet by end users

This is due to the fact that in EULIS the information provided

by a Land Register as a response to a query does not include the

actual data the end user requested but rather a URL link to a page

hosted by the relevant Land Register this page must then be

accessed by the end user in order to view the data requested

LRI EULIS

ESB

This concept represents the LRI EULIS ESB ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI EULIS Peers Furthermore it

is also responsible for receiving the query responses from the LRI

EULIS Peers and returning them to the LRI Portal module

LRI EULIS

GUI

This concept represents the Graphical User Interface (GUI) provided

by the LRI EULIS RI Peer and used by the LRI Operator

LRI EULIS

Peer

This concept represents a software component which implements the

EULIS common communication protocol and is deployed in the

Member State premises

Essentially this component is relevant to Member States that are

already integrated to EULIS or Member States that wish to

participate in the LRI and do not intend to use the Reference

Implementation provided by DG JUST

LRI EULIS

RI Peer

This concept extends the lsquoLRI EULIS Peerrsquo concept by demarcating

a specific software component that will be provided by DG JUST as

the reference implementation of the EULIS Common

Communication Protocol

This component must be designed in order to facilitate as many

integration approaches as possible it may provide integration hook

points for an automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries Lastly please note that this component will be

largely based on the EULIS Template component currently foreseen

by the EULIS SAD v20 Table 7 Key concepts of alternative 3 architecture overview

92 279

25 Work packages and effort estimation

The following tables provide a work package structure for each alternative For each work

package identified the following information is provided

An identifier

A short description of the work carried out in this work package

The expected input of this package (ie what is required to start actual work on this

package)

The expected output of this package (ie what is the tangible deliverable of this

package)

Effort estimation in man-months

Before proceeding further it must be noted that the effort estimates provided in the following

tables are merely indicative indeed given the fact that it is not in the scope of this document

to provide detailed analysis on the specificities of each solution proposed and assuming that

one of the proposed architecture approaches is considered fit for the LRI implementation

further and more detailed analysis findings may change significantly the effort estimates

provided

It is also due to the level of detail in this document that the effort estimates provided

hereunder are only based on the past experience of the Contractor in similar projects (such as

the ECRIS Detailed Technical Specifications) Evidently without a detailed view on the

exact functionalities that the LRI would provide to its end users and in the absence of a

detailed fit-gap analysis it is possible to provide effort estimates based only on empirical

data which however do sufficiently cover the expected actions to be performed for each

alternative

Furthermore the estimates are provided under the assumption that the persons involved in the

implementation of any alternative are senior experts in their domains (eg domain experts on

INSPIRE and LR data structures Enterprise Architecture Integration etc) and should be

revised accordingly if this assumption is not met

Lastly please note that the effort estimates provided in the following sections outline all

activities required until the LRI reaches production and do not include operational

maintenance or support activities

93 279

251 Alternative 1 the European e-Justice Portal develops its own solution

for interconnection

2511 Overview

The following figures present an overview of the proposed work packages required to

implement Alternative 1 organised in 3 iterations A detailed description for each package as

well as an effort estimate is presented in the sub-section lsquoDescriptionrsquo

94 279

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1

95 279

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1

96 279

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1

97 279

2512 Description

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-01

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 1

Feasibility

Study

artefacts

bull LRI information

structure

bull Search service

bull Authorisation

service

bull Versioning

4

1

WPA1-02

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 1

bull Feasibility

Study

artefacts

bull WPA1-01

Detailed technical

designs on how to

implement the

LRI Portal Hub

and Peer modules

7

WPA1-03

Implementation

of LRI Portal

and Hub -

Iteration 1

WPA1-02 Software

implementation of

the LRI Portal and

Hub modules

4 -

WPA1-04

Implementation

of the LRI RI

Peer - Iteration 1

WPA1-02 Software

implementation of

the LRI RI Peer

module

6 -

WPA1-05

Testing -

Iteration 1

bull WPA1-03

bull WPA1-04

Initial version of

the LRI rolled out

to production 7 -

WPA1-06

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 2

WPA1-01 Payment service

2

1

WPA1-07

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 2

WPA1-06 Detailed technical

designs on how to

implement

payments the LRI

Portal Hub and

Peer modules

5

98 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-08

Implementation

of LRI Portal

and Hub -

Iteration 2

WPA1-07 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

5 -

WPA1-09

Implementation

of the LRI RI

Peer - Iteration 2

WPA1-07 Software

implementation of

the LRI RI Peer

module

3 -

WPA1-10

Testing -

Iteration 2

bull WPA1-08

bull WPA1-09

Second version of

the LRI rolled out

to production 5 -

WPA1-11

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 3

WPA1-06 Professional

capacity

certification

service 2 -

WPA1-12

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 3

WPA1-11 Detailed technical

designs on how to

implement

professional

capacity

certification in the

LRI Portal Hub

and Peer modules

3

1

WPA1-13

Implementation

of LRI Portal

and Hub -

Iteration 3

WPA1-12 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

3

WPA1-14

Implementation

of the LRI RI

Peer - Iteration 3

WPA1-12 Software

implementation of

the LRI RI Peer

module

2 -

WPA1-15

Testing -

Iteration 3

bull WPA1-13

bull WPA1-14

Third version of

the LRI rolled out

to production 3 -

99 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-16

Conformance

testing with LR

participants and

roll-out to

production

WPA1-15 LR participants

integrated in LRI

solution fully

available to the

general public

12 3

Total effort estimate 68 6

Table 8 Effort estimates in man-months for the implementation of Alternative 1

100 279

252 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

2521 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 2 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 23 Work packages and deliverables of alternative 2

2522 Description

The expected effort for alternative 2 is similar to the one provided for Alternative 1 in

regards to the LRI implementation However due to the co-existence of the two platforms

it is expected that two additional work packages will have to be foreseen so as to analyse

the technical implications of integrating EULIS in to the LRI Hub and implement the

integration

In addition a supplementary test cycle needs to be performed so as to ensure that the

integration of the two systems works as expected

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-01

Detailed

technical

analysis of the

LRI-EULIS

integration

bull Feasibility

Study artefacts

bull WPA1-02

Detailed

technical

design of the

LRI-EULIS

integration

3 1

101 279

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-02

Implementation

of the LRI-

EULIS

integration

WPA2-01 Software

implementation

of the LRI-

EULIS

integration

4 -

WPA2-03

Testing and

roll-out to

production

WPA2-02 LRI-EULIS

integration

rolled out to

production

3 -

Total effort estimate 10 1

Total effort estimate (including effort of Alternative 1) 78 7

Table 9 Effort estimates in man-months for the implementation of Alternative 2

102 279

253 Alternative 3 the European e-Justice Portal integrates and extends

the EULIS platform

2531 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 3 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 24 Work packages and deliverables of alternative 3

103 279

2532 Description

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA3-01

Establishment of

the current

technical and

functional

baseline of the

EULIS platform

bull Feasibility

Study

artefacts

bull Existing

EULIS

technical

and

functional

artefacts

Detailed

functional and

technical

baseline of

EULIS

4

1

WPA3-02

Establishment of

the technical and

functional target

for the LRI

Portal module

and LRI Hub

Feasibility

Study

artefacts

Detailed

technical and

functional

target of the

LRI Portal

module and

LRI Hub

established

2

WPA3-03

Establishment of

the technical and

functional target

for the LRI RI

EULIS Peer

bull Feasibility

Study

artefacts

bull WPA3-02

Detailed

technical and

functional

target of the

LRI RI

EULIS Peer

established

2

WPA3-04

Fit-gap analysis

of EULIS

baseline and LRI

target functional

and technical

design

bull WPA3-01

bull WPA3-02

bull WPA3-03

bull Detailed

technical

design of the

changes

required so

that EULIS

can be

integrated in

to the LRI

Hub

bull Detailed

technical

design of the

changes

required to

the lsquoEULIS

Templatersquo so

8 -

104 279

Table 10 Effort estimates in man-months for the implementation of Alternative 3

26 Implementation roadmap

that it can

become the

LRI EULIS

RI Peer

bull Detailed

migration

plan of

EULIS to

LRI

WPA3-05

Implementation

of the LRI Hub

and LRI Portal

modules using

EULIS

WPA3-04 Software

implementatio

n of the LRI

Hub and

Portal

modules using

EULIS

8 -

WPA3-06

Implementation

of the LRI RI

Peer using

EULIS

WPA3-04 Software

implementatio

n of the LRI

RI Peer

modules using

EULIS

Template

5 -

WPA3-07

Extension of

existing LRI

Peer used

currently in

Member States

WPA3-04 Revised

Software

implementatio

n of the LRI

Peer module

- 5

WPA3-08

Testing bull WPA3-05

bull WPA3-06

LRI rolled out

to production 8 2

WPA3-09

Conformance

testing with LR

participants and

roll-out to

production

bull WPA3-07 LR

participants

integrated in

LRI solution

fully available

to the general

public

12 3

Total effort estimate 49 11

105 279

One of the basic requirements set by DG JUST in REF1 for the definition of the

architectural approaches presented earlier in this document is that they are designed in

such a way so that it is possible to migrate from

a Alternative 1 to alternative 2

b Alternative 1 to alternative 3

c Alternative 2 to alternative 3

Although not explicitly mentioned in REF1 these migration approaches seem to sketch a

potential deployment roadmap for the solution in which Alternative 1 is initially

implemented and then migrated either to Alternative 2 (which subsequently is migrated to

Alternative 3) or to Alternative 3

However during the course of this study it became apparent that a reasonable approach

would be to envisage the migration plan in a different order Specifically given the

capabilities currently offered by EULIS and the findings of REF3 a reasonable approach

would be to first use the EULIS platform as a springboard for developing the LRI and

then subsequently proceed in an iterative fashion toward the implementation of a

harmonised LRI which can provide the set of desired capabilities This conclusion has

been reached after an investigation of the key findings of REF3 which calls for

capabilities that are either completely absent from the current EULIS platform (such as

professional capacity certification) or are modelled in such a way that enhancing them will

essentially constitute a migration toward Alternative 1 (for example payments search and

authorisation)

In this frame Alternative 2 becomes a transitional phase where the two interconnection

approaches co-exist until all LRI participants are able to use the new LRI standard

With the above in mind a proposed migration approach starting from the current baseline

would be the following

a 1st transition phase DG JUST takes over the EULIS platform and executes the

work packages marked under Alternative 3 with the exception of WPA3-02 (ie

without implementing any additional enhancements) The intention at this stage is to

interconnect existing EULIS participants into the EJP and in addition provide an

LRI EULIS RI Peer to other Member States that may also wish to participate at this

stage It must be noted however that some existing EULIS features (such as

payments) may be difficult to implement in this scenario due to their design

However the end-result of this transition may be sufficient so as to provide LRI

participants and DG JUST with significant information on LRI and potential further

developments

b 2nd transition phase During this second transition DG JUST executes the work

packages included in the first iteration of Alternative 1 and deploys it in parallel

with Alternative 3 Before proceeding it must be noted that given the fact that

Alternative 1 is designed keeping in mind a gradual deployment it may be possible

to proceed further during this 2nd

transition and also implement the second or even

the third iterations of Alternative 1

Regardless of the number of Alternative 1 iterations the intention is to reach a

hybrid operation mode where the LRI supports both Member States using the

EULIS interconnection as well as Member States that prefer to participate in the LRI

using the new interconnection standard

106 279

Regardless of the level of completion reached in regard to the implementation of

Alternative 1 the landscape created during this transition is the proposed

Architecture of Alternative 2

c Target state ndash harmonised LRI This is the eventual target state of the LRI

architecture To reach this point DG JUST executes the remaining Alternative 1

iterations and gradually decommissions the EULIS interconnection

The proposed implementation and migration roadmap is depicted in the following figure

using the lsquoArchitecture Implementation and Migration Viewpointrsquo of Archimate 20 (see

REF4)

Figure 25 Proposed LRI implementation roadmap

107 279

27 Strengths and weaknesses of the alternatives

The following table summarises the strengths and weaknesses of each architectural

alternative analysed earlier in this document

Alternative Strengths Weaknesses

Alternative 1 the

European e-Justice

Portal develops its

own solution for

interconnection

Complete functional

capabilities due to the fact

that alternative 1 has been

designed whilst keeping in

mind the wide scope of LRI it

offers the most complete set of

functionalities allowing

flexible search queries to one

or more participants

integrating dynamic

authorisation schemes

provision of responses to

search results and facilitating

direct payments from LRI end

users to LRI participants

High degree of flexibility

The proposed solution for

alternative 1 has been

designed so that several

aspects which are difficult to

address immediately or may

change in the future are

abstracted Doing so allows

adding further capabilities

(such as certifying

professionals using a service

provided by a competent

authority)

Potential for expansion The

design of the solution allows

future expansions as the

information exchanged

between LRI participants and

the EJP is formally structured

and may be further processed

or enhanced according to

business needs An example of

this potential is the automatic

translation of labels and pre-

defined terms A further

development that would

leverage existing EJP facilities

could be the complete

translation of the information

Effort required Evidently Alternative 1

requires more effort than

alternative 3 in order to be

analysed and deployed

Previous investment

underutilised Given that

in Alternative 1 EULIS is

not utilised the investment

already made by Member

States integrated in this

platform will be

underutilised

High complexity The

findings of this feasibility

study although not detailed

to the level of enabling the

immediate production of an

actual LRI system have

shown that a variety of

subjects (such as the

certification of professional

capacity) may prove to be

much more difficult than

anticipated in terms of

analysis as well as

implementation Thus the

effort estimated for

implementing alternative 1

may change depending on

the findings of further

analysis

108 279

Alternative Strengths Weaknesses

exchanged using machine or

manual translation

Alternative 2 the

European e-Justice

Portal interconnects

the EULIS portal

and Member State

registers

Combined benefits A close

observation of the strengths

and weaknesses of

Alternatives 1 and 3 shows

that they are essentially

adverse as the strengths of

one solution are essentially the

weaknesses of the other Thus

given that this alternative is

designed as a combination of

alternatives 1 and 3 it

combines their strengths and

manages to diminish some of

their weaknesses especially

the ones related to the

business and functional

capabilities as well as the

underutilisation of the

investment already made by

Member States in EULIS

Effort required As shown

already in the effort

estimates presented in this

document this alternative

has the highest effort

requirement so as to roll-

out

High complexity Although technically

possible the integration of

the two different

interconnection approaches

may in the future impose

constraints in the overall

LRI service provided by the

EJP This is true currently

since some of the

functionalities offered by

the proposed LRI standard

cannot be supported by the

EULIS platform without

revising it Furthermore

DG JUST will have to

maintain two separate

service lines as the

maturation of the proposed

LRI standard may bring

additional services which

further diverge from the

current EULIS proposal or

it may be the case that

further developments in the

EULIS platform impose

new or revise existing

requirements for integrating

it with EJP

Alternative 3 the

European e-Justice

Portal integrates and

extends the EULIS

platform

Less effort required as

identified earlier in this

document implementing this

approach requires less effort

than the other two alternatives

Faster initial roll-out due to

the fact that EULIS is already

deployed and there are already

Authentication model

The current authentication

model employed by EULIS

is based on the fact that a

Land Register is capable of

authenticating its own

users However as

identified in REF3 this

hypothesis is not valid for

109 279

Alternative Strengths Weaknesses

Member States participating in

the interconnection it is

expected that the initial roll-

out of alternative 3 should

take less time to roll-out in

production than the other two

alternatives

Technology portfolio The

components used to

implement EULIS are

conformant with the

technological landscape

identified from the responses

Member States provided in

Questionnaire n 3

all Land Registers

Eventually the

authentication model

employed by EULIS will

have to be revised

resembling the one

proposed in Alternative 1

so as to be able to scale on

a pan-European level which

will require additional cost

Fewer capabilities by its

definition the model

employed in EULIS

imposes certain restrictions

on the capabilities that can

be developed without

altering the platform to the

point that it starts

resembling Alternative 1

For example the

certification of an end

userrsquos professional capacity

is not supported thus Land

Registers that require such

a certification for providing

basic or enhanced

information services will

not be able to provide their

services

Another example is the

provision of responses to

search results which does

not allow easily decorating

them with additional

information that is or may

become available on the

European e-Justice Portal

Asynchronous calls are

not supported By

definition search queries in

EULIS are executed in real

or near-real time This

however imposes certain

restrictions Specifically it

imposes a direct

dependency between the

service provided by the EJP

110 279

Alternative Strengths Weaknesses

and the information

provider (ie the Land

Registers) as without

modifying the current

EULIS mode of operation

a Land Register must be

on-line both for receiving a

request as well as for a user

to be able to view the result

of the query submitted

This constraint makes

difficult the participation of

off-line registers and

imposes an increase in the

technical availability the

LRI EULIS peers

Table 11 Strengths and weaknesses summarisation for all alternatives

111 279

28 Performance and volumetric estimations

The following table provides a set of rough estimates regarding the expected increase of

traffic on the European e-Justice Portal due to the introduction of the LRI Please note that

the numbers provided reflect expected numbers of transactions that the EJP may have to

serve once the LRI is deployed and available to the general public however at this point

it is not possible to foresee the increase in unique visitors for the EJP as the exact

behaviour users currently show when submitting queries to existing Land Registers or

EULIS is not clear Indeed it may be the case that a single user triggers multiple

transactions or that each transaction may belong to a single user

Furthermore it must be noted that providing volumetric and performance estimations with

high accuracy is not possible as certain elements (eg exact services to be provided by the

EJP level of integration with Member States etc) are not yet clearly defined It is

however possible to provide rough estimates using a set of reasonable assumptions per

alternative Given this in the case the LRI project proceeds to the analysis and

implementation phases it is expected that the estimates provided in this document will

need to be revised

Alternative Assumptions Calculation approach Estimated

amount of

transactions

Alternative 1

the European e-

Justice Portal

develops its own

solution for

interconnection

An estimated

maximum of 1 of

the reported number

of current Land

Registers transactions

are expected to be

cross-border

The figures provided by

Member States are

summed and a 1

volume is calculated

61700 per

month

Alternative 2

the European e-

Justice Portal

interconnects the

EULIS portal and

Member State

registers

The assumptions for

Alternatives 1 and 3

remain the same

The estimates for

Alternative 1 and 3 are

summed

620780 per

month

Alternative 3

the European e-

Justice Portal

integrates and

extends the

EULIS platform

The current

amount of queries

served by EULIS

per month is 100

This figure

represents the

traffic generated

with 5

interconnections

All 28 Member

States will

participate in the

interconnection

The potential number of

interchange routes

between current EULIS

participants is calculated

to 20 [NN-1]

The expected number of

interexchange routes in

case all 28 Member

States participate in

EULIS is 756

The final result is then

calculated by the

formula

[Current Routes][Future

queries] = [Expected

3780 queries

per month

112 279

routes] [Current

queries]

Table 12 Volumetric estimations

29 Re-usable architectural assets

The architecture alternatives proposed in this document re-use existing technical assets of

DG JUST and EULIS as much as possible In particular the following elements are

currently re-used

The EJP

ECAS (European Commission Authentication Service)

The EULIS ESB

It must be noted that when the Land Registers Interconnection is developed additional

analysis will be required to determine the exact functional and technical capabilities to be

re-used by the aforementioned assets as well as to identify other systems that may be re-

used

113 279

3 Part III Proposals for handling payments

31 Introduction

311 Purpose

The purpose of this document is to present the solutions that are proposed for handling

payments in the context of the Land Registers interconnection The proposed solutions

take into account all of the requirements set by DG Justice as well as the business needs

constraints and requirements identified by the analysis that has been carried out in the

scope of the Land Registers Interconnection feasibility and implementation analysis

project

312 Scope

Given the purpose of this document it is within its scope to

Provide a high level description of the various terms relevant to the domain of

payments with the interest of establishing a common understanding between

readers

Document the initial requirements set by DG Justice (see REF1 section 242)

Present the key findings of the analysis phase of the project that are relevant to

payments according to the responses received by Member States mainly in

Questionnaire no 3

Using as basis these key findings identify and extract additional requirements

Propose a logical design for a solution that may be used in the context of LRI and

clearly show how it interacts with the proposed architectures analysed in Part II

According to the information collected the requirements and constraints and the

logical design propose a set of physical designs that may be utilised in the context

of LRI These proposals are described at a level that is sufficient for the

stakeholders to assess the feasibility of the proposals and select the one that better

fits their needs and constraints

Catalogue the strengths and weaknesses of each proposed physical design

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of the proposed solutions In particular it is not in the

scope of this document to provide

A detailed specification of the technical interfaces that may be used for realising

payments

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

A detailed analysis of potential service providers that can be employed for

realising the proposed solution

A security analysis for the proposed solutions

A potential implementation roadmap

114 279

313 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo of REF7

In addition the readers of this document are invited to first study the lsquoBusiness Analysis

Reportrsquo (see Part I) and lsquoArchitecture Overviewrsquo (see Part II)

Although the themes discussed in this document require a certain level of understanding of

payments (electronic or otherwise) the language and format try to facilitate the readerrsquos

understanding either by providing simplified background knowledge on the subject or by

remaining conceptual as much as possible so as not to require additional technical

knowledge from the reader

314 Overview of the document

Proposing an appropriate payment solution for the Land Registers Interconnection is a

complex task that has been tackled in iterative steps starting from the basis established by

DG Justice in the projectrsquos lsquoTerm of Referencersquo (see REF1) and reaching the point where

it becomes possible to define a high level payment solution and propose payment systems

that is able to support it

The structure of this document resembles the process followed

a Initially readers are introduced to some general background information regarding

payment systems and payment service providers in Section lsquoIntroduction to

payment systemsrsquo

b Subsequently Section lsquoPayment solution overviewrsquo establishes information

elements that are used to drive the definition of the proposed solution In short this

section

Presents the business baseline as established by DG Justice in REF1

Identifies the key findings of the responses received by Member States in

Questionnaire nr 3

Draws a set of high level requirements

c Building on the information presented earlier in the document Section lsquoProposed

Payment Solutionsrsquo presents a proposed solution design Specifically this section

Presents a logical solution design explaining its key concepts and showing

how it interacts with the design proposed in the lsquoArchitecture Overviewrsquo

document (see Part II)

Identifies potential implementation alternatives and maps them to the

logical design

Compares the strengths and weaknesses of each alternative

Please note that in the context of this study existing implementations of payment systems

employed by other projects (eg the solution implemented by EULIS or the EBR system

implemented by ES) have also been taken into consideration Where appropriate these

systems are mentioned however it is not the intention to cover their scope functionality

or features in detail in this document

115 279

32 Introduction to payment systems

This chapter provides a brief description of the general landscape of payment systems for

the sake of comprehension and completeness

321 Definition of a payment system

In the context of this document the term lsquopayment systemrsquo generally refers to a network

that facilitates monetary exchanges between bank accounts The term lsquosystemrsquo denotes a

particular characteristic of this network which is that exchanges taking place within it are

not performed using actual cash but rather substitutes (eg credit cards debit cards etc)

These substitutes can also be referred to as lsquopayment instrumentsrsquo as they are the tools for

implementing these monetary exchanges

Furthermore a payment system defines how payments are processed or lsquocleared and

settledrsquo This latter term includes all activities that take place from the moment a monetary

exchange starts up until the moment the amount of money paid is actually moved in the

account of the recipient

It must be stressed here that a payment system facilitates monetary exchanges between

two bank accounts ie the connection between payer and payee is mostly one to one

322 Types of payment service providers

Although it is possible for an individual enterprise or organisation to establish all

processes required so as to enable payments for the services they provide the preferred

approach is to request the implementation of a payment system from a payment services

provider

Such providers offer their expertise in the field of payments and provide a variety of

services which can be summarised to the following

a Connection to multiple banks card and payment networks

b Management of the aforementioned technical connections as well as of the

relationships with external bank accounts and networks which quite often

translates to cheaper fees for entities utilising the services of a provider and less to

no effort required for the management of interconnections

c Risk Management services for bank and card based payments

d Matching of transactions and payments

e Offer reporting services to end users

f Offer additional facilities such as shopping baskets

116 279

Depending on the breadth and depth of services offered by a payment services provider it

is thus possible to generally separate them into three categories39

a Distributors are payment service providers that take over the technical burden for

end users to accept payments They build and maintain the connection to many

payment systems (cards and alternatives) Thus an end user needs only to connect

to one Distributor to be able to accept several payment methods

Distributors do not collect funds related to different payment systems as end users

are paid directly by the financial institution that process their card and alternative

payments

This type of payment service provider is better suited for end users requiring only a

few payment options or capable of handling their own reconciliation

It must be noted that the capability to handle reconciliations (ie matching orders

with received settlements) is very important when using such payment service

providers Indeed due to the fact that separate settlements for every payment

system accepted are received in different frequencies and delays the process of

reconciliation can be a time-consuming and costly process

b Collectors are payment service providers that streamline settlement for all

accepted payment systems combining them into one settlement Thus end users

receive all payments in one batch to their bank account and get reporting that

simplifies payment reconciliation

Such payment service providers are ideal for end users requiring many payment

options to serve their audience

However it must be noted that negotiation of transaction fees and contracting

remain the responsibility of the end user This can be useful in the case of end

users with a substantial amount of transactions However in cases where the size

of the transactions is not sufficient it may be difficult for the end user to secure

better pricing on transaction fees

c Aggregators are payment service providers that act as a one stop shop for end

users they take over the technical burden to accept payments collect the funds for

several payment systems and contract with the individual payment methods

The difference between the Collectors previously mentioned and the Aggregators

is that the Aggregators contract with the payment method company on behalf of

end users thus managing to achieve better transaction fees due to the total number

of transactions Thus there is no need for end users to negotiate transaction prices

or contract with the financial institution that processes the payment method

Distributors differ from Aggregators due to the fact that the latter also collect

funds settle the end userrsquos bank account and negotiate the terms with the payment

method company

In practice end users that are not interested in offering a substantial variety of

payment options and are not in the position to negotiate better terms for their

contracts should prefer to use such payment service providers

39 Please note that the information presented here is loosely based on httpwwwabout-

paymentscomknowledge-baseproviders

117 279

33 Payment solution overview

331 Solution goals

The majority of Land Registers require a fee for the information they can provide to their

end users Assuming that the Land Registers Interconnection project is implemented it is

expected that such fees will remain in place

An initial concern is the fact that transactions need to take place in a diverse environment

The end users of the European e-Justice Portal that may be interested in Land Register

information are mainly citizens of the EU Member States thus a payment system used to

support the required payments need not only be presented in their native language but also

support the payment instruments (eg debit card credit card etc) available to them

This concern is also valid for Land Registers however with a minor variation indeed any

payment system proposed in the context of LRI needs to support the currencies currently

employed by Land Registers in EU In addition Land Registers may need to establish

contractual agreements with the provider of such a payment system so it becomes

important to ensure that if required such contractual agreements are possible from a legal

and regulatory point of view and beneficial for Land Registers participating in the LRI

Furthermore any payment solution proposed must be set-up using an external payment

solution provider since the European Commission does not have the mandate to

intermediate monetary transactions between the users of the European e-Justice Portal and

Land Registers for services rendered

Thus the immediate goals of a payment solution for the LRI are identified as following

a Ensure that the specificities of participating Member States in terms of legal or

other constraints are adhered to

b Support the payment models currently employed by Land Registers

c Be compliant with the architectures proposed in Part II

In this context DG Justice pinpointed (without implying a specific restriction to them)

three potential alternatives that could be considered

a Existing payment systems that Land Registers have in place are re-used provided

that these systems are or can be available in a language that the end user

understands and support the payment instruments available to the end user

b A competent authority (eg the Land Register of the end userrsquos country of origin)

to which the end user is registered is responsible for receiving the cost of the end

user consultations the end user may reimburse this cost to the competent authority

according to the models supported by it (eg pre-payment in form of credit post

payment for the exact amount of consultations performed etc)

c A central payment service is used handling all transactions between end users and

Land Registers

118 279

332 Key findings

In the context of this study participating Member States were asked to provide

information relevant to the payment systems currently employed if any as well as

information relevant to the subject of payments The answers provided by Member States

have been used in order to establish the current payments landscape The findings are

summarised below according to their domain of interest

ID Finding Description

KF-001 Payment

required

The majority of Member States providing access to LR

information require a fee either before a query is

submitted or before the actual data are delivered to the

user In Member States where payment is required the

exceptions to this finding are

a Basic searches (eg using the property identifier)

b Search queries submitted by the owner of the

property or the national administration

KF-002 Pricing The price for providing the requested information varies

between Member States

KF-003 Risk

management

Member States in principle tend to avoid risks related to

non-payment of the service rendered Indeed most

Member States deliver the requested information only

after payment for it has been cleared

KF-004 Payment

models

It has been found that Land Registers employ a variety

of payment models which can be summarised to the

following

a Recurring (eg monthlyyearly subscriptions)

b One-off (eg pay per use before receiving the

information or before submitting a query)

Furthermore Member States employ two different

timings for their payment models Pre-paid method of

payment is the most common (used in 14 Member

States) whereas 9 Member States also support post-paid

models

KF-005 Payment

instruments

Before proceeding further please note that a detailed

breakdown of the payment instruments used as well as

current developments is presented in Consolidated

responses from questionnaire nr 3 to this document

A wide spectrum of payment instruments are used by

Member States it has been found that the most used

payment instrument is Credit Transfer with Direct Debit

being second (both of which cover 68 of all

payments) and Cheque being third

It must be noted also that several Member States have

already introduced or plan to introduce card payments

which are mostly used for one-off payments or

payments by non-registered users

119 279

ID Finding Description

Some Member States also accept cash payments

however the volumes are with the exception of one

Member State very low

The characteristics of the payments instruments

employed by Member States are largely based on the

end-user types supported For example users accessing

the system via registered or subscription-based accounts

generally pay a monthly invoice either by Credit

Transfer or by Direct Debit whereas one-time users

prefer paying by Card Domestic lsquoreal-timersquo payment

traditional payment instruments (ie Cheques) or Credit

Transfer

It also should be noted that most of the Member States

supporting Direct Debit are requiring lsquoirrevocabilityrsquo of

the payment which practically means than once such a

payment takes place it is not possible to dispute it this

last observation falls in line with the risk aversion

identified earlier in lsquoRisk managementrsquo

KF-006 Volumes Before proceeding further please note that a detailed

breakdown of the transaction volumes is presented in

Consolidated responses from questionnaire nr 3 to this

document

According to the information provided by 9 Member

States the total amount of transactions related to intra-

border payments made is estimated between 45 and 55

Million transactions with an additional 2000 ndash 3000

cross-border payments taking place per year It must be

noted that the figures provided here should be

considered as indicative since in some cases Member

States only provided approximations on the transaction

numbers and not precise volumes

KF-007 Payment

Service

Providers

Payment services are used mainly for Card payments

and are usually supported by Payment Service

Providers who also offer a mixture of payment

instruments including debit credit and direct transfers

KF-008 Multi-

currency

accounts

Nearly all participants do not use or require accounts in

multiple currencies ie they work with their domestic

currency or Euro

Table 13 Key findings

120 279

333 Significant solution requirements

Taking the findings of the study into consideration the requirements listed in the

following table have been identified

ID Requirement Description

SR-001 Payment

instruments

Any proposed payment solution should support at least

Credit Transfer and Direct Debit as these are the most

popular payment instruments and it is expected that

they will retain their prominent position Given the new

developments that take place in Member States it is

also advisable to include Cards as a payment

instrument which also supports near 100 Straight-

Through Processing40

(STP) and is expected to support

the phase-out of older payment instruments such as the

Cheque and Cash payments

SR-002 Payment

models and

pricing

As identified in KF-004 and KF-005 Member States

employ a variety of payment models which are mainly

determined by the type of user served by each

individual Land Register

Assuming that user profiles remain similar in the LRI

and keeping in mind that the proposals made in the

context of this study should not drastically change the

current way of working for interconnected Land

Registers any proposed solution should impose

minimal (if any) restrictions on supported payment

models and should allow Land Registers to establish

their own pricing per model

SR-003 Flexibility It has been observed that most Member States are

currently in the process of changing their approach on

payment systems This in conjunction with the changes

currently occurring in the payment systems sector as a

whole create a volatile payments landscape which leads

to the conclusion that any proposed payment solution

must also be able to cope with this environment

SR-004 Conformance

to standards

Any proposed solution should support current

international standards that are in use today or are to

become compulsory in the near future

SR-005 Support for

simultaneous

payments

In order to enhance the end user experience any

proposed solution should facilitate payments to multiple

recipients using a single uniformed process

40 Straight-Through Processing (STP) enables the entire trade process for capital market and payment

transactions to be conducted electronically without the need for re-keying or manual intervention subject to

legal and regulatory restrictions The concept has also been transferred into other sectors including energy

(oil gas) trading and banking and financial planning

121 279

ID Requirement Description

In practice this means that if an end user chooses to

submit queries to multiple Land Registers the solution

should allow grouping these queries into one shopping

basket and eventually ask the end user once to confirm

his selection and pay according to the payment model

supported by the Land Registers included in the basket

SF-006 Support for

multiple

languages

Any solution proposed must provide its graphical user

interface in all official EU languages

Table 14 Solution requirements

34 Proposed payment solutions

341 Logical solution design

In principle the solution needed for establishing LRI payment services resembles that of

an electronic commerce platform In practice this implies that at least the following set of

facilities should be provided by the proposed logical design

a A shopping cart that may be used by end users so as to collect services they are

interested in buying

b A way for merchants (ie Land Registers) to create organise and evaluate their

products (ie search services)

c An accounting facility that may be used to keep record of transactions and extract

reports

d An interface that can be used by end users so as to pay for their selected services

A solution that includes such facilities is further described in the following sections

122 279

3411 Design overview

Figure 26 Logical payment solution overview

3412 Design significant concepts

Before proceeding further readers are encouraged to read through the LRI lsquoArchitecture

Overviewrsquo (see also Part II) where several of the concepts used are described in detail

Name Documentation

EJP This concept represents the EJP

LRI Portal

Module

This concept represents the LRI module that is available to

the general public via the EJP It is responsible for all visual

elements relevant to the LRI including the rendition of search

forms according to the search criteria allowed by the recipient

of the query informing the user on the expected quantity and

quality of information etc

LRI Portal GUI This concept represents the LRI Portal Graphical User

Interface (GUI) that is available to LRI end-users via the EJP

Shopping basket

service

This concept represents the interaction between the Shopping

Basket and the Product Management services offered by the

Payment Services Platform and its visual implementation

which is hosted in the LRI Portal GUI

End user This concept represents the collaboration between the LRI

123 279

Name Documentation

payment services Portal module and the Payment Services Platform so as to

deliver the functionality required so that EJP registered users

can pay when required for the search queries they submit via

the LRI Portal GUI

Portal registered

user

This concept represents a registered user of the e-Justice

Portal

Shopping Basket A service module provided by the Payment Services

Platform which includes all components necessary so that an

EJP registered user can add remove or modify products (such

as queries to Land Registers monthly subscriptions etc) It

allows the collection and categorization of these products and

by interfacing with the Product Management service module

it is capable to provide to the end user a detailed view of the

value of the products included in his basket

Product

Management

This service module enables the creation and management of

products that are offered via the EJP LRI Portal GUI It

supports creating product bundles according to Land Register

requirements (eg pre-pay monthlyyearly subscription etc)

as well as defining specific policies for them (eg available

only to notaries) and may allow the calculation of the price of

a given product even if it of post-paid nature by providing

some standard prices

Payment

Services Platform

This concept represents a platform that offers a set of services

relevant to payments and accounting Although seen here as a

single logical component in reality it may be logically

partitioned according to the approach followed by its

implementer

Order clearance This service module provides all services and interfaces

required so that an EJP end user can pay for the products he

has added in his shopping basket It provides the necessary

screens so that end users can approve or reject the amount to

be paid for a given order allowing them to select the currency

to be used for payments as well as the payment means (eg

credit card debit card bank transfer etc) Furthermore this

module coordinates with Accounting in order to check if

products of the end users order do not require further

payment (eg a query is included that is covered by a

previously paid for monthly subscription)

In case the Payment Services Platform does not support

payments to multiple recipients at once this module

facilitates the end user during the payment process by keeping

in store as many payment details as possible requiring thus

the end user to fill in only the absolutely necessary

information multiple times (eg provide a token to authorize a

given transaction)

Accounting This service module contains all services and graphical user

interfaces so as to enable accounting It keeps a record of the

various transactions between EJP registered users and Land

124 279

Name Documentation

Registers and thus allows (a) keeping a record for previously

paid products (eg monthly subscriptions) and (b) if the

Payment Services Platform supports executing payments to

multiple recipients and in collaboration with the Payment

Execution service module it allows the implementation of

payments to multiple recipients

Payment

execution

This service module allows the execution of payments to

Land Registers using payment protocols supported by them

Depending on the capabilities of the Payment Services

Platform this module may allow implementing simultaneous

payments to multiple recipients

Common

Communication

Protocol

This concept represents the Common Communication

Protocol established in LRI lsquoArchitecture Overviewrsquo In the

context of this document this concept is used in order to

reflect that the Payment module included in it may interact

with facilities provided by the Payment Services Platform

Payment

clearance

This concept represents the interaction between the LRI

Portal GUI with the Payment Services Platform with the

interest of retrieving information relevant to the clearance of

payments made by EJP registered users As soon as a

transaction is marked as processed successfully the LRI

Portal GUI allows end users to submit their queries to Land

Registers Furthermore it is assumed that Land Registers

accept that if a consultation requiring a fee is submitted by the

EJP the end user submitting it has already paid the amount

required and do not require further information on this fact

either from the EJP or the Payment Services Platform

Business

payment services

This concept represents the collaboration between the EJP

and the Payment Services Platform in order to deliver the

functionality required so that the EJP can when required

retrieve payment information relevant to a given query

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing

payment information to the Interconnection Hub when such

information is required (eg inform the Hub if a given query

has been paid and thus the requester can access its result)

LRI Peer This concept represents a software component which

implements the common communication protocol and is

deployed in the Member State premises

Automated

product

management

This concept represents the interaction between the LRI Peer

with the Payment Services Platform with the interest of

automatically managing the products offered by a Land

Register via the LRI Essentially it allows Land Register users

to create or modify service bundles (such as pre-paid

consultations monthly or yearly subscriptions etc) using

their own systems and eventually publish this information

using this interaction to the Product Management service

module of the Payment Services Platform

Product This concept represents the collaboration between the LRI

125 279

Name Documentation

management

services

Peer module and the Payment Services Platform so as to

enable automations related to Product Management

Table 15 Key concepts of the payment solution design

342 Physical payment solutions

The previous section provided a logical solution which can support the establishment of an

electronic marketplace for the LRI However it is important to identify candidate physical

solutions which are based on the three alternatives discussed in section lsquoSolution Goalsrsquo

and evaluate their match against the logical design proposed

These physical solutions have been identified using as basis the information provided by

Land Registers in Questionnaire nr 3 or in the case of the Virtual Bank are lsquogreen-fieldrsquo

proposals

Before proceeding further it must be stressed that the proposals made in this document are

not exhaustively analysed The intention is to present to the reader a high level view of

each proposal so that a decision can be reached and an implementation road-map can be

drawn Indeed it is expected that in case any of these solutions are chosen for further

development detailed analysis will be required for its realisation

3421 Solution 1 Usage of existing payment systems

34211 Description

As identified in KF-001 the majority of Land Registers requires some form of

compensation so as to provide access to LR data Furthermore the responses provided by

Land Registers in regard to the services they provide electronically (see Part II) leads to

the conclusion that several of them have already established payment systems they use

using specific Payment Service Providers (PSP) for that purpose

In this approach Land Registers would maintain their existing PSP and the LRI payment

solution would be required to integrate with them The key point to observe is that instead

of having a single Payment Services Platform the solution utilises multiple ones since the

existing PSP will play this role The LRI payment solution implementation will be

extended in order to map LR and their corresponding PSP By default it is expected that a

single PSP will be assigned to a single LR however it seems reasonable to also expect that

in cases where LR share PSP (eg UK and NL) it may be possible to reflect this in the LRI

Payments configuration Assuming this model is followed it may also be expected that

eventually LR that do not currently use a specific PSP establish agreements with one of

the supported

Given the above a major deviation from requirement SR-005 is immediately identifiable

Indeed due to the fact that different PSP are to be used in this solution it is expected that

in most cases end users of the EJP will not be able to group services from multiple LR in

their shopping basket thus making it impossible to make a single payment for all desired

services

126 279

Furthermore the following assumptions must be true for this solution to be considered as

a viable candidate

a The PSP to be integrated and provide graphical user interfaces that end users can

use preferably in all official EU languages or at least in English

b The PSP offers a Shopping Basket service or supports integration with one that is

readily available in the market

c Product management is handled by facilities provided either by the PSP or the LR

Regardless of the approach it is possible to integrate the EJP to this service

d The PSP offers a variety of payment instruments that are available to all citizens of

EU

Hence in this approach an expected flow of actions for an end user to acquire his required

services would be the following

a The end user selects a set of services offered by a single Land Register At this

point EJP may determine additional LR available for selection to the end user

depending on the PSP used by them

b The shopping basket shows a calculated valuation in accordance to the

information provided by the Product Management module

c The end user decides to check-out his shopping basket He is then forwarded to the

payment clearance page of the specific PSP used by the Land Register where he

can choose his desired payment method

d Once payment is made by the end user and depending on the type of PSP (ie

Distributor Collector or Aggregator) and any specific agreements in place the

Land Register is informed and can subsequently allow queries to be submitted by

the end-user

e After this point the services bought by the end user become available to him

34212 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario However

given the fact that the PSP is not common for all participants

the EJP must either

a Not allow combining services from multiple Land

Registers as it will not be possible to make a single

payment for them

b Evaluate on a case by case basis which services may be

combined together

Approach (b) may work in cases where two (or more) Land

Registers share the same PSP and if it supports splitting

payments received to multiple recipients

Shopping Basket This service remains in place in this scenario It must be

noted however that the Shopping Basket implementation

chosen to be deployed will have to be possible to integrate

with the PSP employed by Land Registers

Product

Management

This service is expected to be provided by the LR PSP

127 279

Name Documentation

Payment

Services Platform

Even though the concept of the Payment Services Platform

does not seem to be valid in this scenario in reality it still

represents a set of services relevant to payments however

instead of employing one central platform the proposed

solution places the existing PSP in this role

In practice this means that one PSP can be used for one (or

more) Land Register

Order clearance This service is provided by the Land Register PSP It must be

noted that any graphical user interfaces provided by this

service must be either in the end userrsquos language or in

English

Accounting This service may be provided by the Land Register PSP or by

the Land Register itself

Payment

execution

This service is provided by the Land Register PSP

Payment

clearance

This concept remains the same in this solution However its

technical characteristics are determined by the lsquoBusiness

Payment Servicesrsquo collaboration

Business

payment services

This concept remains the same in this scenario However

instead of the EJP directly communicating with the PSP in

order to clear a payment made by an end user in this scenario

it is expected that the EJP forwards the end user to the LR

which subsequently passes the end user to its PSP of choice

The end user then makes all actions necessary so as to pay for

the services he has chosen and the payment clearance is

returned by the PSP to the Land Register Finally the Land

Register communicates with the EJP notifying it that the end

user payment has been successfully cleared

Table 16 Mapping key concepts to solution 1

3422 Solution 2 Mutual-trust model

34221 Description

This approach is currently employed in various forms by some of the participating

Member States and is similar to the service offered in the EULIS platform although this

does not provide a payment system in itself but rather an accounting system facilitating

payments

In essence an end user will have to establish an account with a competent authority

Subsequently the user may

d Pay a monthly fee which allows him unlimited LRI access

e Pre-pay an amount which is used as credit for LRI consultations

f Pay nothing upfront but receive periodic bill for LRI consultations he has

performed

128 279

These operation modes are available to LRI users according to the capabilities offered by

the competent authority with which they establish their account ie it may be the case that

a given authority supports more than one operation mode

Furthermore when an end user submits a query to a Land Register the recipient is able to

determine the competent authority to be billed using as input an identification token that

unequivocally binds the end user submitting the query to a competent authority

At a later time the Land Register issues an invoice to the competent authority which

details the services billed over a period of time this invoice may include various details

(such as type of queries type of responses provided etc) as well as information necessary

for the identification of end users that have consulted the LRI service during the billing

period At this point the competent authority reimburses the costs of service use to the

Land Register

It must be noted that due to the nature of this model it may be the case that the Payment

Services Platform employed which essentially becomes an accounting platform as the

payment element is removed may have to be custom-built since finding a service provider

for such a specialised set-up can prove to be difficult

34222 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario

Shopping Basket In this scenario and given the fact that no direct payments

are required by end users the shopping basket services is

only used for the purpose of collecting the services chosen by

the end user which are subsequently stored and processed in

Accounting

Product

Management

This service is expected to be provided by the Payment

Services Platform

Payment

Services Platform

In this scenario the Payment Services Platform works as an

e-commerce platform providing supportive services to LRI

participants without however implementing actual monetary

transactions between them

In practice it facilitates accounting reporting and product

management and allows end users to create collections of

services without actually imposing payments

It must be noted that it is not up to the Payment Services

Platform to facilitate the transfer of the identification tokens

required so that Land Registers can determine the competent

authority to be billed This process is expected to be

implemented by the Identification service module of the LRI

architecture

Order clearance This service is not required in this scenario

Accounting This service is expected to be provided by the Payment

129 279

Name Documentation

Services Platform In this solution this service module is

responsible for keeping a record of all transactions recorded

between users of a given competent authority and Land

Register Subsequently its reporting capabilities are used to

create the invoices required so that payment of services can

take place

Payment

execution

This service is not required in this scenario Any payments

made between Land Registers and competent authorities are

expected to be carried out via other means (eg using bank

accounts and payment instruments that are not in the scope of

the LRI Payments system) and according to the invoices

generated by the Account service module

Payment

clearance

This service is not required in this scenario

Business

payment services

This collaboration is not required in this scenario

Table 17 Mapping key concepts to solution 2

3423 Solution 3 Central payment services provider

34231 Description

A centralised Payment Services Provider (PSP) simplifies complex transactions and on-

line payment management as it allows the automatic management of multiple accounts

(Land Registers end users other stakeholders) in real time using a common process It

allows the processing of high and medium volume collections payments and balances

with complete transparency

In essence the solution foresees that the Payment Services Platform depicted in the logical

solution design is to be provided by a PSP In accordance to the descriptions provided in

section lsquoTypes of payment service providersrsquo the type of PSP to be employed is an

Aggregator providing a complete turn-key solution for all LRI participants Thus the

services offered may include facilities that support the required payment instruments

provide payment clearance reporting and accounting according to standard accounting

practices

From a set-up point of view this solution is by far the simplest since its establishment

does not require LRI participants to take specific actions or manage contractual

arrangements on their own Indeed in this scenario the European Commission would have

to establish a contractual agreement with a PSP and subsequently collect necessary

information from LRI participants for the establishment of a payment process Land

Register representatives may be given direct access to the reporting facilities provided by

the PSP or it may be the case that certain reports are delivered automatically to them in

pre-defined time periods

130 279

For example the issue of paying multiple recipients at the same time can be solved using a

PSP in the following way

a The end user is presented with an invoice to be paid and a selection of payment

options However the invoice is composed of information provided by multiple

Land Registers

b The end-user decides which payment option to use and subsequently makes the

payment for the information he wishes to receive

c The money paid by the end-user is initially transferred into a single bank account

belonging to the PSP At this point the PSP notifies the EJP that the payment has

been successfully cleared and thus the end user can have access to the services

requested

d At a later time the PSP breaks down the amount received into small transactions to

each Land Register according to the price requested by them for the services

requested

e In a pre-determined time frame (eg once per month) the Land Registers receive

payment for the services they provide

Some important details should be noted here

a It is expected that payments for services may occur periodically however it may

be the case that the PSP can offer flexible configurations per recipient (eg some

Land Register may require payment for services once per month whereas others

once per week)

b Given the fact that the service is provided by an external entity it is understood

that a cost element is attached to it This cost element may be translated to a certain

commission per transaction for example as a percentage in monthly payments

c The PSP provides a wide set of payment instruments as well as graphical user

interfaces in the native language of the end user

34232 Mapping to logical solution

No particular mapping is required for this solution This is due to the fact that the logical

solution proposed earlier in this document is based on standard approaches for designing

e-marketplace solutions such designs are established around the capabilities provided by

PSP and leverage them in order to deliver their expected result Thus since in this solution

the Payment Services Platform is undertaken by a PSP the services depicted in the logical

design (eg Shopping Basket Payments Clearance Account etc) are expected to be

provided by it However it must be noted that LRI participants will still have to integrate

the Product Management service module of the PSP via the Payments service module of

the LRI peer in order to automate the process of managing offered services

In addition Land Register users can access the accounting and reporting facilities

provided by the PSP in order to retrieve information relevant to transactions already

performed

131 279

3424 Strengths and weaknesses of the proposed solutions

Alternative Strengths Weaknesses

Solution 1

Usage of existing

payment systems

Re-use of existing assets

One of the most important

benefits of this solution is the

fact that it is based on

existing set-ups that Land

Registers in some Member

States have with PSP Thus

existing implementations

may be re-used lessons

learned leveraged and

potentially shared among

participants

High Complexity The most

important drawback of this

solution is the set-up and

maintenance complexity

Indeed the use of multiple

PSP will require substantial

organisation and

implementation effort on the

side of the Common

Communication Protocol

Furthermore evolutions of the

LRI that may involve

payments will also be

affected by the high level of

complexity of this solution

as any potential change will

have to be discussed and

agreed upon not only with

the Land Registers but also

with the PSP involved in the

project

Non-compliance At least

one requirement (SR-005) is

not possible to be

implemented by this

solution

User unfriendliness The

fact that users must pay

separately for each Land

Register using a different

payment solution (which

may not be available in their

native language) makes this

solution very unfriendly for

users interested in consulting

more than one Land

Register

Solution 2

Mutual-trust

model

Small footprint A basic

advantage of this solution is

that it does not necessarily

require an external service

provider in order to be

implemented Indeed most

of the facilities required for

its proper realisation can

Difficult to implement in

practice A basic factor that

can enable this solution is to

identify competent

authorities that are capable to

undertake the task of

identifying users and

eventually accept to be billed

132 279

Alternative Strengths Weaknesses

either be custom built or

existing implementations

(such as the one employed by

ES or the EULIS platform)

may be expanded so as to

cater for the additional

requirements

Flexibility for services

provided This approach

allows Land Registers to

make per case agreements

with competent authorities

This aspect when combined

with the fact that a competent

authority in the context of

payments may be combined

with competent authorities

offering end user

identification (as foreseen in

the lsquoArchitecture Overviewrsquo)

may allow specific service

agreements depending on the

nature of the authority or the

end user

Identification flexibility

Given the fact that the term

lsquocompetent authorityrsquo simply

denotes a specific role in this

solution it may be possible

that it can be undertaken by

any authority regardless of

its connection with the end

users registered with it For

example assuming that a

Land Register is willing to

undertake the role of this

lsquocompetent authorityrsquo it may

be the case that it is willing

to facilitate end users from

multiple Member States or

professional capacities

for the services these users

receive by Land Registers

This weakness has been

confirmed also by the

findings of the Business

Analysis where it has been

identified that not all Land

Registers can be tasked with

the identification of end

users

Moreover even if an entity is

indeed capable of identifying

end users it is not certain

that it will be within its

mandate to handle monetary

transactions

Custom solution Another

weakness of this solution

stems from its nature As

already explained it may be

hard to find a service

provider that can support the

operating model of this

service thus necessitating

the development of various

custom software components

that will be used for its

realisation

Implementing such a custom

solution is estimated to be

very resource-consuming

and due to the high

sensitivity of any errors in

the financial domain highly

problematic in real use until

all software problems are

eliminated and the solution

works correctly

Solution 3

Central Payment

Services Provider

Full payments

functionality This solution

represents the best possible

approach as it offers a fully

centralised system that can be

used for processing payments

Cost element The main

weakness of this solution is

the fact that Payment Service

Provider will require

compensation for the service

offered This compensation

133 279

Alternative Strengths Weaknesses

of any kind

Potential for re-use

Another benefit of this

solution is that it may be

easily re-used for other

projects of the European

Commission that require

similar services

Fully conformant with

requirements This solution

is by definition fully

compliant with the

requirements established in

lsquoSolution significant

requirementsrsquo It can support

a variety of languages

conform to any relevant

standards or legal

frameworks and facilitate

multi-way payments to Land

Registers and support

transactions done in different

currencies

may materialise as a standard

cost (eg a yearly fee) as a

commission in each

transaction or as a percentage

once funds are transferred to

Land Registers as done by

all of the Payment Service

Providers

Table 18 Strengths and weaknesses comparison

134 279

4 Annexes

41 List of national land registers and their organisation

This section lists registers containing land information for purposes such as juridical

regulatory fiscal or merely informational The term lsquoland registerrsquo is used in its broadest

meaning for so a primary goal of this list is to indicate for each Member State exactly

which national register(s) contains land information and which of them are candidates for

the interconnection (even if a Member State has multiple such relevant registers it may be

that the data is already aggregated by one of them at the national level and then it is

preferable to only interconnect with that one) The list below indicates also land registers

responsible authorities the level of digitisation and on-line presence

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Grundbuch

(Land book

land register)

Ministry of

Justice

100 Yes Cadastre and

register Land Book

together form a

national

information system

which shows real

estate data in an up-

to-date form

Cadastre BEV-

Federal

Office for

Metrology

and

Surveying

100 Yes

Address register Statistics

Austria

100 Yes

Land register Land

Registrar and

General

Administrati

on of

Patrimonial

Documentati

on

50 Yes The cadastral

identification of the

parcel of land is

widely used as

starting-point to

obtain relevant

information

concerning the land

(eg planning

information public

servitudes hellip)

Cadastre General

Administrati

on of

Patrimonial

Documentati

on

100 Yes

Property register Registry

Agency

100

(since

2009)

Yes Both Land and

Cadastre registers

provide on line

services and none

of them is used as

135 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

lsquofrontndashendrsquo for

obtaining or

consolidating

information from

other registers

Cadastre register Geodesy

Cartography

and Cadastre

Agency

NA Yes

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Department

of Lands and

Surveys of

Cyprus

(DLS)

100 No Not applicable ndash

off-line system

ISKN -

Information

system of the

cadastre of real

estate

CUZK 100 Yes NA

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

CUZK NA Yes

Land registry Implemented

by the 16

Laumlnder of

Germany

The Local

Courts are

responsible

for the real

estate within

their area

100 Yes Ownership-related

data available to

authorised users

only

Cadastre map only

publicly available

Real estate

cadastre

Implemented

by the

competent

authorities of

the 16

Laumlnder of

Germany

100 Yes

Den Digitale

Tingbog

(The Digitised

Land Register)

Tinglysnings

retten

100 Yes Not applicable ndash

only one system

Land register Land

Registry

100 Yes Not applicable -

Land register and

136 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Departments

of County

Courts

land cadastre

exchange

information

electronically so

land register gets all

necessary cadastre

information

electronically

directly from land

cadastre

Land cadastre Estonian

Land Board

100 Yes

Regional Land

Registry Offices

Ministry of

Justice

100

(since

2000)

No Not applicable ndash

off-line system

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Ministry of

Environment

Energy and

Climate

Change

39 Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Colegio de

Registradore

s de Espantildea

100 (in

2015)

No Not applicable ndash

off-line system

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Spanish

Directorate

for Cadastre

100 Yes

Other 4

cadastral

organisations

responsible for

5 of the

Spanish

territory

Servicio de

Riqueza

Territorial de

Navarra

Catastro de

Aacutelava

Catastro de

Guipuacutezcoa

NA NA NA

137 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Catastro de

Vizcaya

Land Register

called lainhuuto-

ja

kiinnitysrekisteri

in Finnish

National

Land Survey

of Finland

100 Yes The National Land

Information System

functions as a front-

end providing data

both from Land

Register and

Cadastre as

together they make

up the National

Land Information

System

Cadastre National

Land Survey

of Finland

100 Yes

National Land

Information

System

National

Land Survey

of Finland

100 Yes

Purchase price

register

National

Land Survey

of Finland

NA No

The land

registration in

France is strictly

ruled by the civil

law but there is

no national and

unique register

As a matter of

fact the land

registration in

France is split in

355 local

registers known

as lsquoservices de la

publiciteacute

fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be technically

based on

asynchronous

requests response

to an agreed query

form

FIDJI (made for

both

justiceproperty

security and

fiscal needs) is

an application

for providing

consulting

access to

transactions

DGFI

(Ministry of

Finance)

No data

stored

centrally

Deeds is

stored in

each of the

354 lsquoservice

100 No The DGFI

processes 6 million

requests yearly

Asynchronous

connection (based

on an agreed form)

is technically

possible but

depending on a

political decision

138 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

(from the 354

local registers)

but access is

reserved to the

administration

Parcels are

identified by

cadastral

number

de publiciteacute

fonciegraverersquo

MAJIC

(cadastre file for

fiscal purpose)

maintains

departmental

files

DGFI

(Ministry of

Finance)

No data

stored

centrally

Data is

stored in

each of the

93 relevant

departments

100 No See above (both

applications FIDJI

amp MAGIC are used

to address the

6000000

requests)

Hyposcan file

provides access

to scanned acts

(only as from

2004)

DGFI

(Ministry of

Finance)

100 as

from

2004

No No the application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments

(out of 101)

Ministry of

Justice

100 Yes Yes no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes inquiries

SPDC (Serveur

Professionnel de

Donneacutees

Cadastrales)

This is not a

register but a

server providing

access to a

subset of data

covered by the

MAJIC

application

(cadaster)

DGFI

(Ministry of

Finance)

100

(limited

cadastral

subset)

Yes No

This is the only

lsquoOn-Linersquo access

but it is reserved to

the lsquoregistered

officesrsquo of French

notaries and

geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

139 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

owner

- The document

number (document

drsquoarpentage)

Land Registry Municipal

courts

NA Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre State

Geodetic

Administrati

on

NA Yes

Unified Land

Registry System

(cadastre and the

legal registry)

Institutional

network in

hierarchy

1 Ministry

of Rural

Development

Dept of

Land

Administrati

on and

Geoinformati

on

2 Institute of

Geodesy

Cartography

and Remote

Sensing

(background

institute of

the Ministry)

3 county

land offices

(20)

4 district

land offices

(119)

100 Yes Not applicable ndash

only one system

National Land

Register

Property

Registration

Authority

88 Yes There is only one

land register in

Ireland operated by

the Land Registry Registration of

Deeds

Property

Registration

Authority

100

(since

1970)

Yes

Land registers Agenzia

delle Entrate

100

(since

end of

lsquo90s)

Yes Data included in the

databases of

Agenzia delle

Entrate is available

on-line for

authorised users

but the Agency

140 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

cannot be used as

an interface for

information

managed by Land

book services due

to institutional

jurisdiction

constraints

Cadastre Agenzia

delle Entrate

100 Yes

Land book Servizio del

Libro

Fondiario

della

provincia di

Trento

See

section

4816

Yes

Land book Catasto

Tavolare

Regione

Friuli

Venezia

Giulia

NA No

Land book Provincia

Autonoma di

Bolzano

Alto Adige-

Ripartizione

Libro

fondiario

NA No

Land book Ufficio

Tavolare

Cortina

drsquoAmpezzo

NA No

Real Property

Register

State

Enterprise

Centre of

Registers

Ministry of

Justice of the

Republic of

Lithuania

100 Yes Not applicable ndash

only one system

3 Bureaux des

Hypothegraveques

Administrati

on de

lrsquoEnregistre

ment

100 No Not applicable ndash

off-line system

National Real

Estate Cadastre

Information

System

The State

Land Service

100 Yes Cadastre can be

used as lsquofront-endrsquo

but there must be

further discussion

141 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

about which

relevant data is

needed

State Address

Register

The State

Land Service

100 Yes

State Unified

Computerised

Land Registry

Court

Administrati

on

100 Yes

Land Register Land

Registry

Land and

Public

Registry

Department

100 No Not applicable ndash

off-line system

Land Registers

and registers for

ships and planes

Cadastre

Public

Registers and

Mapping

Agency

100 Yes NL is in the process

of combining data

from several public

services in a

service called

Publieke

Dienstverlening op

de Kaart (lsquoPublic

Service on the

Maprsquo) Any user

will be thus enabled

to view and

combine all sort of

geographical

information by

using built-in

layers

Base

Registration of

Cadastre

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of

topographic

maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of large

scale maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National register

of public

limitation on

Cadastre

Public

Registers and

100 Yes

142 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

parcels Mapping

Agency amp

Municipalitie

s (so-called

lsquodual

systemrsquo)

New Land Book District

Courts

Ministry of

Justice ndash

Department

of

Informatisati

on of

Common

Courts

95 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre Powiat

Offices (local

government

Ministry of

Administrati

on and

Digitization

NA NA

National Land

Registry

Institute of

Registries

and Notaries

100 Yes If it becomes

advisable to have

only one of them as

lsquofront-endrsquo to

obtain consolidated

information from

other registries as

land registry has

originally more

information and is

the only registry

with legal value

which aims to

promote the

security of the

trade this front end

could easily be the

land registry

Tax Id of the

property

Tax

administratio

n

100 Yes

Cadastre Instituto

Geograacutefico

Portuguecircs

(IGP)

Unknown Yes

Register of National NA Yes NA

143 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

applications for

land registry

excerpts and

notarial deeds

(land books)

Agency for

Cadastre and

Land

Registration

GEOPORTAL

(Cadastre)

National

Agency for

Cadastre and

Land

Registration

NA Yes

Real property

register

(consist of both

cadastre and

land register)

Lantmaumlteriet 100 Yes Not applicable ndash

only one system

The electronic

Land Register

(eZK)

Center for

Informatics

at the

Supreme

Court of the

Republic of

Slovenia

100

(since

010520

11)

Yes Not applicable ndash

only one system

ISKN ndash Land

Registry

Information

System

UacuteGKK SR ndash

(Geodesy

Cartography

and Cadastre

Authority of

the Slovak

Republic) -

methodologi

cal

management

of ISKN

MV SR

(Ministry of

Interior) -

District

Office

Cadastral

Department -

administratio

n and

maintenance

of ISKN

90 Yes Not applicable ndash

only one system

Engla

nd a

nd

Wal

es

Register

of title

Land

Registry

83 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

144 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Register

of

cautions

against

first

registratio

n

Land

Registry

100 Yes

Land

Charges

Registers

(relate to

unregister

ed land)

Land

Registry

100 Yes

Register

of

Agricultur

al

Charges

Land

Registry

0 No Not applicable ndash

off-line system

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes Landweb - the

electronic system

used for Land

Registry Registry

of Deeds and

Statutory Charges

Registry

of Deeds

Department

of Finance

Land amp

Property

Services

(LPS)

100

(since

1990)

Yes

Statutory

Charges

Register

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes

Sco

tlan

d

Land

Register

Registers of

Scotland

57 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

General

Register

of Sasines

Registers of

Scotland

NA41

Yes

Crofting

Register

Registers of

Scotland

1 Yes

Table 19 List of National land registers

41 It is planned to close the General Register of Sasines at a future date

145 279

42 Title vs deed systems

Some Member States use a title system while others use a deeds system below table

indicates the system used by each Member State

MS Title Deeds Remarks

Yes Yes Title system register of title by parcel identifier

Reference is made to the respective deed whose copy

is stored in the Judicial Archive since 2006 older

documents can be inspected in paper form at the

specific District Court

Yes Deeds system

Yes Yes Both titles and deeds are registered

Yes Title system

Yes Title system

Yes Title system The deeds related to the entries are kept

in special files in German terms lsquoGrundaktenrsquo

Yes Yes A system of deeds mortgage deeds and other rights

and other financial circumstances

Yes Yes Title system Deeds are stored too

Yes Yes Approximately 6-7 of the countryrsquos areas (or

~20 of the registrable real property rights) is

covered by a newly developed and fully operational

cadastral system That system incorporates both

cadastre and land register which is title system

For the remaining of the country there is a deed

Registry System (in an analogue form) that registers

all deeds associated to land transactions and is

independent of the cadastre As the development of

the cadastral system continues the Deeds Registry

System will be phased-out (100 by the year 2020)

and its functions will be incorporated in the cadastre

Yes Title system

Yes Yes Title system A copy of the deeds document is saved

in electronic form too

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle)

No The Alsace region includes the two departments of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

Yes Title system is applicable Titles are registered on the

basis of deeds that must be according to a stipulated

form

Yes Title system

146 279

MS Title Deeds Remarks

Yes Yes Predominantly a title system with approximately 93

of land registered and 88 of titles

Yes Yes In Provincia Autonoma of Trento there is a title

registration system

Deeds registration system is present in the remaining

parts of Italy

Yes Yes Mixed system - title and deed registration

Yes Deeds system

Yes Title system

Yes Yes Both titles and deeds are registered

Titles to land are registered following applications

for registration and in accordance to the legal title

under which property was acquired In the majority of

cases property is acquired by means of a public deed

published by a Notary Public

Yes Deeds system with third party protection

Yes Title system

Yes Title system

Yes Deeds system

Yes Yes Title system Deeds are stored too

Yes The system is based on an electronic land registry

which requires submission of appropriate deeds

(original contracts declarations etc) for entries and

changes

Yes Title system

Yes Yes England and Wales Title system Deeds are stored

too

Yes Yes Northern Ireland There are both the Land

Registration and the Registry of Deeds Systems

Yes Yes Scotland There are two methods of

registeringrecording rights in property in Scotland

Namely recording of deeds in the General Register of

Sasines or Registering an interest in land or property

in the Land Register The General Register of Sasines

is gradually being phased out with the majority of

titles now being registered in the Land Register The

Land Register is a title based system and once an

interest in land has been registered in the Land

Register title flows not from a progress of title deeds

but from the register itself

Table 20 Titles and deeds systems

147 279

43 Summary of data analysis

148 279

149 279

150 279

151 279

Figure 27 Summary of data analysis

152 279

44 Detailed comparison tables

That section describes in the form of comparison tables the nature and structure of the

basic data that exists in the various national registers along with supported search criteria

Only minimal initial subset of land information was taken into considerations

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

441 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Grundbuch

(Land book

land register)

Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

Yes Yes Yes No

Land register Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Property

register

Yes Yes Yes Yes

Cadastre

register

Yes NA Yes NA

Land Register

amp Cadastre

within the

Cyprus

Integrated Land

Information

System (CILIS)

Yes No Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

No No Yes Yes

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

Yes Yes No No

Land registry Yes NA Yes NA

153 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Real estate

cadastre

Yes NA Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes

(partly)

Yes Yes Yes Search by parcel

ID possible only

with logon by

Danish digital

signature

Land register Yes Yes Yes NA

Land cadastre Yes Yes Yes NA lsquoParcel IDrsquo is a

cadastral code

Regional Land

Registry

Offices

Yes No No No lsquoParcel IDrsquo is a

unique cadastral

number (KAEK) is

attributed to each

property in the

cadastral database

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Yes Yes Yes Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Yes Yes Yes Yes Description will

include origin

location (address)

and boundaries of

registered

properties and the

area measurement

(Surface in square

meters) land use

the administrative

system that may

affect it (eg

whether it is

subsidised

housing)

optionally other

physical features

might be registered

as well

If the parcel

contains a family

home this fact is

also registered as

family homes have

special protection

rules for selling

and mortgaging

but other data such

154 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

as the domicile or

the price are not

given generally in

excerpts due to

data protection

rules

Every registered

parcel is identified

with a different

number in each

municipality of

each registry That

is called the

property number

In addition there is

the IDUFIR which

is a unique number

that identifies each

single property in

the whole Spanish

registry system

Both numbers will

never change for

the same piece of

land

In addition

cadastral reference

can also be taken

into account to help

identifying the

property All

modern properties

have cadastral

reference when the

parties and the

registrar agree that

the cadastral parcel

can be identified as

the plot or

property

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Yes Yes Yes Yes lsquoParcel IDrsquo - only

the cadastral

reference No

IDUFIR or the plot

registry number

that are provided

by the land

registry which

due to his current

155 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

cooperation and

interconnection

with the cadastre

can provide the

cadastre parcel ID

National Land

Information

System

Yes Yes Yes Yes

FIDJI No No Yes Yes This is the

cadastral parcel

number (the same

that is used as key

for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of

the scanned act are

the unique keys

AMALFI Yes Yes Yes Yes

Land Registry Yes No Yes Yes lsquoParcel IDrsquo is

property

identification

number

Cadastre Yes No Yes Yes lsquoParcel IDrsquo is

cadastral parcel

number

Unified Land

Registry

System

(cadastre and

the legal

registry)

Yes Yes Yes Yes

National Land

Register

Yes Yes Yes Yes

Registration of

Deeds

Yes Yes No No

Land registers Yes No Yes Yes lsquoParcel addressrsquo ndash

for rural parcels

the place name

Cadastre Yes Yes Yes Yes Address search

possible for

buildings cadastre

only

Libro Fondiario

della provincia

di Trento

No No Yes Yes

Real Property

Register

Yes Yes Yes Yes lsquoParcel IDrsquo

includes cadastral

156 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

ndeg of land parcel

and its unique

number Also

unique ndeg of

structures

apartments in

multi-apartment

houses and

premises form as

separate real

property objects

3 Bureaux des

Hypothegraveques

Yes No Yes No

National Real

Estate Cadastre

Information

System

Yes Yes Yes Yes Information about

addresses comes

from State Address

Register

State Address

Register

Yes Yes No No Information about

address is

synchronised with

Cadastre

Information

System

State Unified

Computerised

Land Registry

Yes Yes NA Yes

Land Register Yes NA Yes Yes lsquoParcel IDrsquo -

property registered

is given a unique

number which is

generated

electronically

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

Yes No Yes Yes lsquoParcel IDrsquo is

interpreted here as

land book ID

Cadastre NA NA NA NA

National Land

Registry

Yes No Yes Yes The land registry

has the property

location As

mentioned above

the cadastre does

not cover all the

territory so in PT it

is more accurate to

speak about

properties or plots

157 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

than of parcels

Each land property

has an id number in

the land registry It

also has a tax

number issued by

the tax

administration or

the cadastre (in the

areas where it

exists) The tax

number is

mentioned in the

land registry

description

Tax Id of the

property

Yes No Yes Yes Parcel ID is Tax or

cadastre number

Search on address

is currently not

available on-line

Cadastre Yes Yes Yes Yes Parcel ID is Tax or

cadastre number

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No Yes Yes Parcel address not

always present

Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real property

register

(consist of both

cadastre and

land register)

Yes Yes Yes Yes

The electronic

Land Register

(eZK)

No No Yes Yes

ISKN ndash Land

Registry

Information

System

No No Yes Yes No address point

Engla

nd a

nd W

ales

Register

of title

Yes Yes Yes Yes The property

register for each

individual title

contains a

description of the

land which may be

the postal address

if there is one

Where known the

158 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

property register

includes details of

the inclusion or

exclusion of mines

and minerals in or

from the

registration and

easements rights

and privileges that

benefits the estate

The description is

by reference to a

plan which is part

of the register

If the property is

leasehold details

of the lease will be

noted

A registered

rentcharge

franchise or profit a

prendre in gross

must if the estate

was created by a

deed also contain

details of the deed

If the exact line of

a boundary has

been determined in

accordance with

statutory provisions

(this is not usual ndash

see item 4 below)

that will be noted

in the register and

shown on the title

plan

Parcel ID known as

title ndeg

Search on parcel

address is possible

when known

Register

of

cautions

against

first

registrati

on

NA Yes NA Yes

159 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Land

Charges

Register

s

(relate to

unregist

ered

land)

NA No NA No

No

rther

n I

rela

nd

Land

Registry

Norther

n Ireland

Yes Yes Yes No lsquoParcel addressrsquo is

sometimes

included but not

always ndash

depending on

whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Registry

of Deeds

Yes Yes NA No

Statutor

y

Charges

Register

NA Yes No No

Sco

tlan

d

Land

Register

Yes Yes NA Yes

General

Register

of

Sasines

Yes Yes NA Yes

Crofting

Register

Yes Yes Yes Yes lsquoParcel addressrsquo is

sometimes

included but not

always ndash depends

on whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Table 21 Parcel address and ID

160 279

442 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

Grundbuch

(Land book

land register)

No No Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

No No No No

Land register No No No No

Cadastre Yes Yes Yes Yes

Property

register

No No No No

Cadastre

register

Yes NA Yes Yes

Land

Register amp

Cadastre

within the

Cyprus

Integrated

Land

Information

System

(CILIS)

No No Yes Yes

(2016)

ISKN -

Information

system of

the cadastre

of real estate

Yes NA Yes Yes

RUacuteIAN -

Registry of

the

Territorial

Identificatio

n Addresses

and Real

Estate

No No NA Yes

Land

registry

Yes NA Yes NA

Real estate

cadastre

No No No No

Den Digitale

Tingbog

(The

Digitised

Land

Register)

No No No No

Land register No No No No

161 279

MS Register Coordinates Map Comments

Present Search Present Search

Land

cadastre

Yes NA Yes Yes

Regional

Land

Registry

Offices

No No No No

National

Cadastre and

Mapping

Agency SA

(NCMA

SA)

Yes No Yes No

Land

Registry

(provides

on-line

access to

data from

around 1000

Land

Registers)

Yes Yes Yes Yes Property coordinates

are only given when

graphical information

is added to the

literature description

of the parcel The

system gives the

coordinates of the

central point of the

parcel in order to

facilitate

geolocalisation

Almost all modern

properties are

associated to the

literature description

and graphical

information The

graphical information

is provided by the

land registry and is

normally based on

the mapping of the

cadastre but it can

also be based on the

mapping of

geographical

institutes

Spanish

Directorate

for Cadastre

(responsible

for 95 of

the Spanish

territory)

Yes Yes Yes Yes

National

Land

Yes Yes Yes Yes

162 279

MS Register Coordinates Map Comments

Present Search Present Search

Information

System

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

Land

Registry

No No No No

Cadastre No No No No

Unified

Land

Registry

System

(cadastre and

the legal

registry)

Yes No Yes No Cadastral map legal

parcel boundaries

administrative

boundaries parcel

number buildings

and other

constructions street

name and address

agricultural land use

cultivation and other

attributes according

to law

National

Land

Register

Yes Yes Yes Yes

Registration

of Deeds

No No No No

Land

registers

No No No No Boundaries are

specified in the deed

Cadastre Yes No Yes No Users can get parcel

coordinates by

submitting a special

request

Libro

Fondiario

della

provincia di

Trento

No No No No

Real

Property

Register

Yes Yes Yes Yes

3 Bureaux

des

Hypothegraveques

Yes No Yes No

National

Real Estate

Cadastre

Information

Yes Yes Yes Yes

163 279

MS Register Coordinates Map Comments

Present Search Present Search

System

State

Address

Register

No No Yes Yes

State Unified

Computerise

d

Land

Registry

No No No No

Land

Register

No No Yes Yes

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

No No Yes No

Cadastre NA NA NA NA

National

Land

Registry

No No No No

Tax Id of the

property

Yes No Yes No Searches only on the

part of the country

subject to Cadastre

Cadastre Yes Yes Yes Yes Only owners can

search based on their

own personal data

Register of

applications

for land

registry

excerpts and

notarial

deeds (land

books)

Yes Yes Yes NA Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real

property

register

(consist of

both cadastre

and land

register)

Yes Yes Yes Yes Searches on Central

point(s) (property

coordinates)

cadastral Index Maps

(parcel ID)

The

electronic

Land

Register

(eZK)

No No No No

ISKN ndash

Land

Yes Yes Yes Yes

164 279

MS Register Coordinates Map Comments

Present Search Present Search

Registry

Information

System

Engla

nd a

nd W

ales

Regis

ter of

title

No No Yes Yes Property coordinates

Not included unless

the exact line of a

boundary has been

determined in

accordance with

statutory provisions

The determination

may be of just one of

the boundaries not

all of them See item

lsquoDetermination of

boundaryrsquo below

Map known as Title

Plan

Regis

ter of

cautio

ns

again

st

first

regist

ration

NA NA NA Yes

Land

Charg

es

Regis

ters

(relat

e to

unreg

istere

d

land)

NA NA NA No

Nort

her

n I

rela

nd

Land

Regis

try

North

ern

Irelan

d

Yes Yes Yes Yes

Regis

try of

Deed

s

No NA No No

165 279

MS Register Coordinates Map Comments

Present Search Present Search

Statut

ory

Charg

es

Regis

ter

Yes Yes Yes Yes Map search Using

sheet number and

entry S

cotl

and

Land

Regis

ter

Yes Yes Yes Yes

Gener

al

Regis

ter of

Sasin

es

No No NA Yes

Crofti

ng

Regis

ter

Yes No Yes Yes lsquoProperty

coordinatesrsquo off-line

search can be

requested

Table 22 Property coordinates and map

443 Owner

MS Register Owner Comments

Present Search

Grundbuch (Land

book land

register)

Yes No

Cadastre Yes No

Address register No No

Land register Yes Yes

Cadastre Yes Yes

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

Yes Yes

RUacuteIAN - Registry

of the Territorial

No No

166 279

MS Register Owner Comments

Present Search

Identification

Addresses and

Real Estate

Land registry Yes NA

Real estate

cadastre

Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes Yes Search by owner name possible

only with logon by Danish

digitised signature

Land register Yes Yes Division called lsquoOwnerrsquo contains

information about owners (name

registrationidentification code)

and type of ownership in case of

joint or common ownership In

case of common ownership also

information about size of the

shares of co-owners

Land cadastre No No

Regional Land

Registry Offices

Yes Yes

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes Yes

Land Registry

(provides on-line

access to data

from around 1000

Land Registers)

Yes Yes If the owner is a natural person

name and surname address

identity card number and civil

status (single married or widow)

If the owner is married the

matrimonial economic regimen

and the status (joint tenancy or

private good) is registered If the

owner is a child the power of

representation of the parents or the

tutor has to be justified If the

conveyance is done by third

parties representation has also to

be justified

If the owner is any kind of

company social name address

tax identifier number and

constitution data including those

of registration in the business

registry Also the representatives

of the company who convey have

to justify the power of

representation or attorney

Spanish Yes Yes Always the one said to be the

167 279

MS Register Owner Comments

Present Search

Directorate for

Cadastre

(responsible for

95 of the

Spanish territory)

owner by the cadastral base not

the legal owner which is only

provided by the land registry in

registered property as stated in

article 3 of the cadastre regulation

act

National Land

Information

System

No No

FIDJI Yes Yes You have to know the property

location first (commune)

MAJIC Yes Yes You have to know the property

location first

(departmentcommune)

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes Yes Contains name birth date and

ownerrsquos address

Search is possible only for certain

users in certain cases specified in

law as police in investigation

cases notaries in succession cases

etc

National Land

Register

Yes Yes

Registration of

Deeds

Yes Yes

Land registers Yes Yes

Cadastre Yes Yes

Libro Fondiario

della provincia di

Trento

Yes Yes

Real Property

Register

Yes Yes

3 Bureaux des

Hypothegraveques

Yes Yes

National Real

Estate Cadastre

Information

System

Yes Yes Information about owners comes

from Land Registry Only certain

persons can search the information

using person identification data ndash

contract and permission to work

with person identification data

required Current legislation does

not allow that to be performed by

institutions in other Member

States

State Address No No

168 279

MS Register Owner Comments

Present Search

Register

State Unified

Computerised

Land Registry

Yes Yes Only certain persons can search

the information using person

identification data (police bailiffs

government officials and such)

Current legislation does not allow

that to be performed by institutions

in other Member States

Land Register Yes NA

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre

National Land

Registry

Yes Yes The land registry host information

about each property owner

including his marital status name

of spouse address The land

registry also has information about

other right in rem It identifies the

usufructuary and the person

entitled to the use or fruition of the

immovable property among

others Search limited by data

privacy rights Not available on-

line

Tax Id of the

property

Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Cadastre Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No

Real property

register

(consist of both

cadastre and land

register)

Yes Yes Search limited to registration

officers users

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land Yes Yes Search on trustee tenant

169 279

MS Register Owner Comments

Present Search

Registry

Information

System

E

ngla

nd a

nd W

ales

Register of

title

Yes Yes If the registered proprietor is a

company or limited liability

partnership this will include the

company number as registered by

the Registrar of Companies The

proprietorship register will also

include up to three addresses for

service and other matters affecting

the proprietor in relation to the

land

If the registered proprietor is a

natural person only very limited

categories of people can search for

the name in the index of

proprietorsrsquo names

Register of

cautions

against first

registration

NA No

Land

Charges

Registers

(relate to

unregistered

land)

Yes Yes

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes

Registry of

Deeds

Yes Yes

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes Yes

Crofting

Register

Yes NA

Table 23 Ownership

170 279

444 Known encumbrances

MS Register Known

encumbrances

Comments

Present Search

Grundbuch (Land

book land register)

Yes No

Cadastre No No

Address register No No

Land register Yes No

Cadastre No No

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

Yes No

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry Yes NA

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes NA

Land cadastre No No

Regional Land

Registry Offices

Yes NA Available in both systems Namely

mortgages pre-notifications of

mortgages seizures judicial

orders prohibiting transfer

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes NA

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes Mortgage obligation ensured

amount of mortgage with

distinction of guaranteed sums

(capital interest and costs)

deadline Spanish LR allows

syndicated mortgage credits and

lsquofloatablersquo mortgages ie one

171 279

MS Register Known

encumbrances

Comments

Present Search

mortgage for various present or

future loans

Legal mortgages have to be also

registered

These include charges sub-

charges leases and covenants to

which the land is subject and

notes of any statutory limitations

on the proprietorrsquos powers Those

charges are clearly identified with

their name time of constitution

limitations they produce and their

deadline

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

Yes No Only land easements

FIDJI Yes Yes

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes No Mortgage easement restrictions

etc

National Land

Register

Yes No All encumbrances capable of

registration under Registration of

Title Acts such as mortgages

easements Certain rights effect

without registration and a

purchasermortgagee must make

appropriate lsquooff registerrsquo enquiries

Registration of

Deeds

No No

Land registers Yes Yes There is not a specific kind of

search to find out the

encumbrances only

With reference to a subject (X) it

is possible to search only the

inscription formalities

(mortgages) or all the formalities

lsquoagainstrsquo that subject thus

obtaining a document called

lsquosynthetic listrsquo and then finding out

172 279

MS Register Known

encumbrances

Comments

Present Search

the interesting formalities within

that list

Cadastre No No

Libro Fondiario

della provincia di

Trento

Yes No

Real Property

Register

Yes Yes The Real Property Register

contains a note on the mortgage

and seizure Full information on

mortgage is stored in the Mortgage

Register while full information on

seizure is stored in the Register of

Property Seizure Acts

3 Bureaux des

Hypothegraveques

No No

National Real

Estate Cadastre

Information

System

Yes No

State Address

Register

No No

State Unified

Computerised

Land Registry

No No

Land Register Yes Yes Search possible If and as indicated

on application for registration and

also on which title it is based

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre NA NA

National Land

Registry

Yes No Mortgages and other

encumbrances are inscribed at the

land registry

Tax Id of the

property

No No

Cadastre No No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA

Real property

register

(consist of both

cadastre and land

Yes No

173 279

MS Register Known

encumbrances

Comments

Present Search

register)

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land

Registry

Information

System

Yes No

Engla

nd a

nd W

ales

Register of

title

Yes No

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some burdens are shownsome

not

Registry of

Deeds

Yes Yes Sometimes are

providedsometimes not

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes NA Contained in list of deeds some

interpretation required

Crofting

Register

No No

Table 24 Known encumbrance

445 Purchase price

MS Register Purchase price Comments

Present Search

Grundbuch (Land

book land register)

Yes No Is part of the contract that

document is available on-line (pdf

format)

Cadastre No No

174 279

MS Register Purchase price Comments

Present Search

Address register No No

Land register Yes No

Cadastre No No

Property register Yes No The purchases price is not visible

on-line therefore itrsquos not a search

criteria

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

No No In paper contracts only not on-

line

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry No No Maintenance of transaction details

is a statutory task in Germany

(market transparency) information

is maintained in separate

databases not in cadastre or land

register

It is part of the files which are

kept by the Land Registry (in

German terms lsquoGrundaktenrsquo) The

data are also stored by the

municipalities department expert

committees (in German terms

lsquoGutachterausschussrsquo)

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes No Purchase price can be found from

the deed based on legitimate

interest

Land cadastre No No

Regional Land

Registry Offices

Yes No It is not an element of registration

however the relevant information

can be obtained since a copy of

the deed mentioning the price is

always needed and stored in the

175 279

MS Register Purchase price Comments

Present Search

Land Registries and Cadastral

Offices

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes No

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes The purchase price or the value set

by the parties in the deed is

registered when given However

due to data protection reasons it is

only given in an excerpt only

when specifically claimed under a

legitimate interest that will have to

be controlled by the registrar or

when required by a judge or a

public authority

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

No No

FIDJI Yes Yes

AMALFI Yes No

Land Registry No No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

No No

National Land

Register

No No Data collected and stored by the

Authority but not shown on Land

Registry public register

Registration of

Deeds

No No

Land registers No No It is always specified in the deed

but its presence in the notation is

only possible because this

information is not compulsory for

land registers

Cadastre No No

Libro Fondiario

della provincia di

Trento

No No

Real Property

Register

Yes No

176 279

MS Register Purchase price Comments

Present Search

3 Bureaux des

Hypothegraveques

Yes No

National Real

Estate Cadastre

Information

System

Yes No Information about purchase price

comes from Land Registry

State Address

Register

No No

State Unified

Computerised

Land Registry

Yes No

Land Register No No

Kadaster-on-Line

(webservice)

Yes No

New Land Book No No

Cadastre NA NA

National Land

Registry

No No That information is presented to

land registry in the deed that

remains digitally archived but is

not inscribed on the property

sheet

Tax Id of the

property

No No Tax administration has tax value ndash

but this value does not match the

price

Cadastre No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA Not always present

Real property

register

(consist of both

cadastre and land

register)

Yes No

The electronic

Land Register

(eZK)

No No

ISKN ndash Land

Registry

Information

System

No No The purchase price is stored in the

collection of documents at the

regional District Office Cadastral

Departments where the data has

been collected

Engla

nd

and

Wal

es Register of

title

Yes No Purchase price or the value stated

for the purpose of the registration

fee where there was no purchase

price This applies to registrations

177 279

MS Register Purchase price Comments

Present Search

since October 2003

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some transfers are for natural love

and affection ndash where there is no

purchase price

Registry of

Deeds

Yes NA Sometimes providedsometimes

not

Statutory

Charges

Register

No No

Sco

tlan

d Land

Register

Yes Yes Search available as an off-line

request

General

Register of

Sasines

Yes Yes Search available as an off-line

request

Crofting

Register

No No

Table 25 Purchase price

178 279

45 Language

The table in the current section lists languages in which the data is available in the various

Member States registers

MS Primary language Other language

German Not present

Dutch

French

German

Not present

Bulgarian Not present

Greek Not present

Czech Not present

German NA

Danish Not present

Estonian Inquiries can be made in English but answers are

always given in Estonian

Greek Not present

Spanish All the other official languages of the country

Catalan in Catalonia Balearic Islands and

Valencia

Gallego in Galicia and Vasque in the

Vasque Country

English

Finish

Swedish

English (to be implemented)

French Not present

Croatian Not present

Hungarian Not present

English Irish

Italian Not present

Lithuanian For the users of EULIS service information is provided

in English

French Not present

Latvian State Unified Computerised Land Registry Section

names are available in English content is available in

Latvian only

National Real Estate Cadastre Information System and

State Address Register Interface is available in

English content is available in Latvian only

Maltese English as a general rule lsquoCertificates of Titlersquo are

issued in Maltese

Dutch Not present

Polish Not present

Portuguese Not present

Romanian Not present

Swedish Headlines in English

Slovenian Not present

179 279

MS Primary language Other language

Slovak The information could be provided in a national

minority language That is possible only in specific

regions where population of national minority is at

least 20

English Welsh for land in Wales

Table 26 Member States Registers language

46 Usage costs and payments methods per Member State

In this section we report on the following information that was collected for each Member

State

What land data is available for free

What is the cost for accessing the non-free data

What are the accepted means of payment (eg cash money transfer etc)

What are available timings of payments (eg pre-paid subscription etc)

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

subscription credit card Fee is always

required

NA

pre-paid creditdebit

card

direct debit

Fee is always

required

NA

pre-paid money

transfer (at

bank office

or on-line)

credit card

Fee is always

required

Every service provided

on-line is at the cost of 1

BG leva (approximately

050euro)

NA creditdebit

card

(planned in

future)

Fee is always

required

NA

post-paid money

transfer

creditdebit

card

cash

Fee is always

required except for

notaries and other

authorised providers

based on the law

The fee for a page A4 is

at present 50 CZK

(approximately 2euro) and

average output has 2

pages

NA NA NA NA

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

The exemption from

payment is made in

the following cases

1 A person making

inquiry about

himself

The inquiry fee is 1euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

180 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

2 A person making

inquiry while

performing a public

function provided for

in the law such as

a Government

agency

b Court

c Local

government

agency

d Notary

e Bailiff etc

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro The

inquiry fee is 1 euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro

pre-paid money

transfer

direct debit

Fee is always

required

Certificate of registration

of a land transaction

45euro

Certificate of cadastral

registrations of subsets of

property rights about a

property 45euro (for each

subset of property rights)

Certificate of cadastral

registrations of a

physicallegal person

45euro (for each category

of property

rightstransactions)

Certificate of absence of

cadastral registrations

about a physicallegal

person 45euro

Copy of a propertyrsquos

cadastral sheet 45euro (for

each double-faced page

of the cadastral sheet)

Copy of a deed or a

document from the

cadastral survey archives

45euro (for each double-

faced page of the deed or

the document)

Copy of a propertyrsquos

181 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

cadastral map extract

15euro

Copy of a propertyrsquos

cadastral map extract

containing the

coordinates of the

propertyrsquos boundaries

33euro

pre-paid

post-paid

creditdebit

card

direct debit

Fee is always

required

Simple informative notes

requested on-line 9euro +

VAT (21)

Certifications requested

on-line 30euro + VAT

(21)

post-paid NA Fee is always

required

NA

Requests to

DGFI

(Ministry of

Finance)

One for

each

request at

the time of

sending the

request

Bank cards

(the usual

set visa

etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

Fee is always

required

From 12euro (real

estatepersons) to 30euro

(full description of a co-

property)

Requests to

AMALFI

Copies are

delivered

after

payment

Bank cards

on the web

site

wwwlivrefo

ncierfr

Transfer

Chegraveque

Fee is always

required

From 5euro (real

estatepersons) to 25euro

(annexe)

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

NA Prices and fees of data

servicing and the other

relevant instructions are

determined by the Act

LXXXV1996

pre-paid

subscription

creditdebit

card

Fee is always

required

All users have equal

access on payment of a

prescribed fee under

Statutory Instrument SI

3802012 Land

Registration (Fees) Order

2012 and under Statutory

Instrument SI 512008

Registration of Deeds

182 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

(Fees) Order 2012

NA On-line

financial

services of

Poste

Italiane (the

Italian

Postal

Service)

credit card

Postepay

card

1 Consultation of

cadastral data

through a simple

identification of

the user by fiscal

code - all the

cadastral data

related to the real

estate except for

data concerning

the ownership

2 Consultation of

cadastral data

after registration

to the on- line

services of

Agenzia delle

Entrate all the

cadastral data

including those

concerning the

ownership Free

of charge when

the applicant is

the holder also

by share of a

property right or

other rights in

rem on the real

estate to which

the request of

information

refers

3 When the

applicant is the

holder also by

share of a

property right or

other rights in

rem on the real

estate to which

the request of

information refers

Everyone has to pay a fee

for a legal certificate

- a 15 euro stamp duty each

4 pages of the document

and

- a specific amount which

depends on the kind of

the requested document

Other examples of

payments

- for each searched name

an amount of 945euro is

due

- if in the list of

documents related to the

subject (person) there are

more than 30 notes an

additional payment of

473euro for each group of

15 notes is due

- for every consulted note

540euro are due

pre-paid money Exceptions from The procedure for

183 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid

subscription

transfer

creditdebit

card

direct debit

payments are

established in the

Law on State

Registers of the

Republic of Lithuania

and other laws

calculating payment for

the use of Register data is

established by the

Government of the

Republic of Lithuania

More details can be

found in section 4817

At the

moment of

delivery of

information

cash Fee is always

required

A fee of 050euro or of

074euro is due for each

copied page of

information delivered by

the register

State Unified Computerised Land Registry

post-paid

subscription

creditdebit

card

Finding if a property

is registered in Land

Register and when

the request is about

self-owned properties

4980euro per month and

285euro per folio viewed

National Real Estate Cadastre Information System and State Address Register

unregistered

users

pre-paid

registered

users

post-paid

subscription

unregistered

users

SMS

payment

Internet

banking

creditdebit

card

registered

users

money

transfer

Everyone can freely

search by property

address cadastral

number folio

number

Amount of payment

depends on the data type

delivery method and

license agreements (end

users or data distributors)

- real data base files

tables geospatial data or

just viewing services at

portal or special web

services for direct

database connection For

example to see full

cadastral information

about one property at

portal costs 285euro

geospatial information

download for one parcel

costs 256euro

pre-paid cash

cheque

Fee is always

required

For Official Search

Requests the fee

prescribed by law is

466euro whereas the fee

for a land registry plan is

233euro Copies of

certificates of title are

provided at a fee of 233euro

each

pre-paid money

transfer

Fee is always

required

NA

184 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

creditdebit

card

direct debit

available for

free

available for

free

All data is available

for free

Available for free

pre-paid creditdebit

card

at ATM

via

eBanking

Fee is always

required

1 Land registry

lsquopermanent certificatersquo

a) Ordered on-line - euro 15

b) Ordered at registry

service - euro 20

2 Simplified Land

Registry Information (on-

line)

a) Ordered On-line - 6 euro

b) Ordered at registry

service - euro 10

NA NA Fee is always

required exceptions

regulated by different

laws mainly for

public institutions or

authorities

information provided

to the court police

prosecutors etc is

free of charge

NA

NA NA If you are a property

owner and have an

electronic-ID you

can access your own

property for free

For public use there is a

Geodata sharing model

for Swedish public

administration with a

yearly fee depending on

use

For commercial users is a

transaction fee

For researchers there is a

discount

available for

free

available for

free

All data is available

for free

Available for free

pre-paid money

transfer

cash

Searching through the

Cadastral portal is

free of charge

However obtained

information (eg

Ownership

Document) has only

informative character

The fee for issuing of a

copy of the original of an

Ownership Document is

8euro There are other

charges for services

which are mentioned in

the Act on

Administrative Fees

1451995

England and Wales

pre-paid creditdebit Fee is always Fees are paid in

185 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid card

direct debit

required accordance with the

current Land Registration

Fee Order 2013

Northern Ireland

NA cash

suspense

account

creditdebit

cards

Fee is always

required

Fees are governed by

Statute ndash the Land

Registry Fees Order and

Registry of Deeds Fees

Order

Scotland

pre-paid (for

ad hoc

queries)

post-paid

debit card

(for ad hoc

queries)

direct debit

Fee is always

required

Fees are charged per

enquiry (currently pound3)

Table 27 Registers usage costs

47 Overview of Member Statesrsquo memberships

That section indicates which Member Statesrsquo organisations and authorities belong to

international associations or networks

MS ELRA EULIS PCC CLGE

Non-member Bundesministeri

um fuumlr Justiz

Bundesamt fuumlr

Eich und

Vermessungswe

sen

Bundeskammer der

Architekten und

Ingenieurkonsulenten

(BAIK)

Bundesfachgruppe

Vermessungswesen

Oumlsterreichische

Gesellschaft fuumlr

Vermessung und

Geoinformation

(OVG)

Patrimonial

Documentation of

Belgium

Royal Belgian

Federation of

Mortgage Keepers

Non-member

pending

Administration

geacuteneacuterale de la

Documentation

patrimoniale

(Cadastre

Enregistrement

Domaines et

Hypothegraveques) -

Algemene

Administratie

van de

Administration

Centrale du

Cadastre

de

Lenregistremen

t et des

Domaines

Ordre Belge des

Geacuteomegravetres-Experts

asbl

Belgische Orde van

Landmeters-Experten

vzw

Union Belge des

Geacuteomegravetres-Experts

Immobiliers (UBG)

Belgische Unie van

Landmeters-Experts

(BUL)

Nationale Vereniging

van Landmeters-

186 279

MS ELRA EULIS PCC CLGE

Patrimoniumdo

cumentatie

(Kadaster

Registratie

Domeinen en

Hypotheken)

Experten (NVLE)

Association

Nationale de

Geacuteomegravetres-Experts

(ANGE)

Bulgarian

Registry Agency

Non-member Geodesy

Cartography

and Cadastre

Agency

Union of Surveyors

and Land Managers

Bulgarian Chamber

of graduated

Surveyors

Department of

Lands and

Surveys

Non-member Department of

Lands and

Surveys

The Cyprus

Association of Rural

and Surveyor

Engineers (CARSE)

Non-member Non-member

pending

Czech Office

for Surveying

Mapping and

Cadastre

Czech Office

for Surveying

Mapping and

Cadastre

Chamber of

Surveyors and

Cartographers (KGK)

in co-operation with

the

Czech Union of

Surveyors and

Cartographers

(CSGK) and with the

Czech Office of

Surveying Mapping

and Cadastre (CUZK)

Bund Deutscher

Rechtspfleger

Non-member Arbeitsgemeins

chaft der

Vermessungsve

rwaltungen der

Laumlnder der

Bundesrepublik

Deutschland

(Adv)

Bund der Oumlffentlich

bestellten

Vermessungsingenieu

re EV (BDVI)

Deutscher Verein fuumlr

Vermessungswesen e

VGesellschaft fuumlr

Geodaumlsie

Geoinformation und

Landmanagement

(DVW)

Non-member Non-member Agency for

Geodata

Den Danske

Landinspektorforenin

gThe Danish

Association of

Chartered Surveyors

(DdL)

Praktiserende

Landinspektoslashrers

ForeningThe Danish

Association of

Licensed Surveyors

in Private Practice

187 279

MS ELRA EULIS PCC CLGE

(PLF)

Observer member

Centre of

Registers and

InfoSystems

Non-member

pending

Kinnistusraamat

(Land Register)

MAA - AMET -

Estonian Land

Board

Eesti Geodeetide

UumlhingAssociation of

Estonian Surveyors

Land Registrars

Association of

Greece

Non-member Ktimatologio

AE

Hellenic Association

of Rural and

Surveying Engineers

(HARSE)

Technical Chamber

of Greece

Colegio de

Registradores de

Espantildea

Colegio de

Registradores

de la Propiedad

mercantiles y de

bienes muebles

de Espantildea

Direccioacuten

General del

Catastro

Colegio Oficial de

Ingenieros Tecnicos

en Topografia

Observer member

Maanmittauslaitos

Maanmittauslait

os

Maanmittauslait

os

Maanmittausinsinoumloumlri

en Liitto ry

Maanmittausalan

ammattikorkeakoulu-

ja opistoteknisten

liitto MAKLI ry

Association des

Conservateurs

Drsquohypothegraveques de

France

Non-member Ministegravere de

Leacuteconomie des

Finances

et de Lindustrie

Direction

Geacuteneacuterale des

Impocircts

Ordre des Geacuteomegravetres-

Experts (OGE)

Observer member

Ministry of Justice

Non-member Državna

Geodetska

Uprava

Hrvatska komora

ovlaštenih inženjera

geodezije (Croatian

Chamber of

Chartered Geodetic

Engineers)

Non-member Non-member Institute of

Geodesy

Cartography

and Remote

Sensing (FOumlMI)

Section for Surveying

and Geoinformation

of the Hungarian

Chamber of

Engineers (MMK

GGT)

Hungarian Society of

Surveying Mapping

and Remote Sensing

(MFTTT)

Association of the

Hungarian

Geoinformatic and

Geodetic Surveying

188 279

MS ELRA EULIS PCC CLGE

Enterprises

(MFGVE)

Property

Registration

Authority

Property

Registration

Authority

Property

Registration

Authority

Ireland

Irish Institution of

Surveyors (IIS)

Agenzia delle

Entrate

Servizio Libro

Fondiario

Non-member Agenzia delle

Entrate

Consiglio Nazionale

Geometri e Geometri

Laureati

Registru Centras

Central Mortgage

Office of the

Republic of

Lithuania

Registru

Centras

Registru

Centras

Lietuvos matininku

asociacija

(LMA)Lithuanian

Association of

Surveyors

Administration de

lrsquoenregistrement et

des domaines

Non-member Administration

du Cadastre et

de la

Topographie

Ordre

Luxembourgeois des

Geacuteomegravetres (OLG)

Observer member

Department of

Courts and Land

Registers Court

Administration

Ministry of Justice

Non-member

pending

State Land

Service

(provided

system is

called National

Real Estate

Cadastre

Information

System)

Valsts Zemes

Dienests

Latvijas Mērnieku

biedrība

LMBLatvian

Association of

Surveyors

Non-member Non-member Land and Public

Registry

Malta Institution of

Surveyors

Kadaster Kadaster Kadaster Geo Informatie

Nederland (GIN)

Hydrographic Society

GeoBusiness

Nederland

Polish Association

of Registrars

Non-member Głoacutewny Urząd

Geodezji i

Kartografii

Chamber of

Surveying

EnterprisesGeodezyj

na Izba Gospodarcza

Polish Commercial

Geodesy Employers

Association of

Geodetic

Cartographic

FirmsPolska

Geodezja

Komercyjna Krajowy

Związek

189 279

MS ELRA EULIS PCC CLGE

Pracodawcoacutew Firm

Geodezyjno-

Kartograficznych

Instituto dos

Registos

Associaccedilatildeo

Sindical dos

Conservadores

dos Registos

Non-member

Instituto

Geograacutefico

Portuguecircs

Portuguese

Geometers

Association

Agentia Nationala

de Cadastru si

Publicitate

Imobiliara

Romanian Land

Registry

Association

Non-member Agentia

Nationala de

Cadastru si

Publicitate

Imobiliara

Romanian

Association of

Private Surveyors

(RAPS)

Romanian Union of

Geodesy (RUG)

Observer member

Lantmaumlteriet

Lantmaumlteriet Lantmaumlteriet The Swedish

professionals for the

built Environment

Observer member

Supreme Court of

Justice of

Slovenia

Non-member

pending

The Land

Registry

(Zemljiska

knjiga)

Geodetska

Uprava

Republike

Slovenije

Slovenian chamber of

engineers ndash section of

surveyors

Non-member

Not a member

but partly

connected

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Chamber of

Surveyors and

Cartographers (KGK)

Slovak Mining

Society (SBS)

England and

Wales

Land Registry

Scotland

Registers of

Scotland

England and

Wales

Land Registry

Scotland

Registers of

Scotland

Ordnance

Survey

Britains

National

Mapping

Agency

The Royal Institute of

Chartered Surveyors

79 29 100 100

Table 28 Member State membership

190 279

48 Member States profiles

This section contains profiles of all Member States participating in the study For each the

following basic information is presented

Registers on-line ndash types of registers available on-line

Access for the following users ndash which users have access to land data

RegistrationAuthentication process ndash conditions for getting access

User can search by ndash what data can be used for searches

Access by other MS ndash described whether access for users from other Member State is

available

National legislation ndash main points of national legislation related to data protection

Language ndash in what language(s) data is available

Legal status of the provided information ndash what is the legal status of the data retrieved

from the register

Payment ndash payments related information

Pilot project ndash willingness of the Member State to participate in the pilot project

481 AT

Registers on-

line

Land register Cadastre

Access for the

following users

Access is open to the public and for anyone interested via

internet the only restrictions concern search with regard to

persons

Registration

Authentication

process

Anonymous customer number of the clearing house

User can

Search by

Access by

other MS

Yes

National

legislation

No search with regard to persons each search or document has to

be paid

Language German

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Payment is always required Payment mode is subscription

payment method is credit card

Pilot project Yes

Grundbuch Cadastre Address register

Search by name (YN) n n n

Search by address (YN) y y y

Search by property identification number (YN)

y y

Search by map (YN) y y n

Other (please specify)

191 279

482 BE

Registers on-

line

Land register Cadastre

Access for the

following

users

Anyone wishing to consult the land register or the cadastre can do

so if a legitimate interest in obtaining the information is

demonstrated Notaries are allowed to access to more information

than the citizens

Registration

Authentication

process

ID Card

User can

Search by

LR No Cadastre Parcel address Parcel ID Property

coordinates Owner Map Known encumbrances Purchase price

Access by

other MS

Yes

National

legislation

All citizens can have access to their own data Land data are

limited by privacy

Language French Dutch German

Legal status of

the provided

information

Legal certificate Parcel address Parcel ID Property coordinates

Owner Map Known encumbrances Purchase price

Payment Only pre-paid Fee - creditdebit card direct debit

Pilot project Yes in principle Naturally depending on the development to be

done (or not) to be connected

483 BG

Registers on-

line

Property register Cadastre register

Access for the

following

users

LR is public with the same level of on-line access

Registration

Authentication

process

User access divided into roles only for the purpose that some of

them have free access The registered users need to verify their

accounts via the e-mail that they have provided (logging onto

their email and verifying a link) After that they can log by user

name and password

User can

Search by

Property register Parcel address Parcel ID Owner Known

encumbrances

Access by

other MS

All users can obtain the same information after making a

registration and pay for the services of the portal

They can search by name address property identification

number

National

legislation

All information is public

Language Bulgarian

Legal status of

the provided

Official documents are issued only on paper in the Registry

Agencyrsquos offices They are stamped by Registry Agency and

192 279

information signed by Entry judge They are not available via internet

Payment Bank payment electronic payment

Pilot project Yes

484 CY

Registers on-

line

Land register and Cadastre within the Cyprus Integrated Land

Information System (CILIS)

Access for the

following

users

Registration

Authentication

process

As far as the civil servants who use the internal CILIS IT System

are concerned there is an internal registration and authentication

process As far as the rest of the categories who will have access

to the Government Gateway by Mid-2014 there will be a

registration and authentication process in the Gateway itself In

addition and for some Gateway applications an extra

authentication in-person may be required and will be dealt with

by the Citizen Service Centre in Cyprus or by the Cyprus

Embassies abroad Plans are also made that by the year 2015 an

e-card using e-signatures will also be available therefore the

authentication in person will not be necessary anymore

User can

Search by

Access by

other MS

Yes

Regarding access to the register and the so-called lsquoproperty

searchrsquo please find below a summary of the legislation that deals

with all users in general

Under section 51A of the Law Cap224 the Director of the

Department of Lands amp Surveys may provide any interested

person with any information recorded in the Land Register or in

any other file or book kept with any District Lands Office current

or previous including among others the history of each property

or all immovable properties of each owner and a very wide range

of information for each property and every transaction affecting

thereof It also allows the inspection of files or other documents

193 279

by lsquointerested personsrsquo in the presence of an officer of the

Department

A search certificate is issued only after the respective application

has been filed and the prescribed fees have been paid to the

Department of Lands and Surveys

Only an lsquointerested personrsquo or hisher agent or attorney may file

an application to be issued a lsquosearch certificatersquo

lsquoInterested personsrsquo means the owner of the property his heirs

devisees and legatees the owner of any trees buildings or other

objects on the land which belongs to another and vice versa the

person entitled to any right or interest in the immovable property

who satisfies the Director that he is a prospective purchaser or

mortgagor the plaintiff in any action against the owner of such

property the professional valuer who may require certain

information for purposes of evaluating certain immovable

property in a case relating to compulsory acquisition and includes

any person not thus specified to whom the Director may

specifically order that any information be furnished

The following persons are to this day specified as lsquointerested

personsrsquo Land Surveyors members of the Cyprus Scientific and

Technical Chamber Estate Agents the Director of the Council

for Registration and Control of Building and Civil Engineering

Contractors spouses or former spouses banking institutions

owners of adjacent properties accountants or auditors and

persons that have in their favour a decisionorder of the Court

regarding the property of the defendant

At the time of filing of any application for the issue of a search

certificate all applicants are advised to produce their identity card

and give the particulars of the property for which the information

is requested as well as provide any documents proving that they

are lsquointerested personsrsquo (eg certificate of registration certificate

of death and heirs etc) Where the information requested

concerns the properties of a specific person full particulars of his

name place of origin full address and whenever possible his

identity number should be given

National

legislation

Mentioned above

Language On line information will only be available in Greek for the time

being Any manual information may be translated in English

Legal status of

the provided

information

Legal Certificate Register Data

Payment The Government Gateway will require a pre-paid fee

194 279

Pilot project No for the time being

485 CZ

Registers on-

line

Information system of the cadastre of real estate (ISKN)

Registry of the Territorial Identification Addresses and Real

Estate

Access for the

following users

Information system of the cadastre of real estate

Paid service is available for everybody (citizens) free of charge

service is available for government and local self-government

organizations notaries and other authorized providers based on

the law

Registry of the Territorial Identification Addresses and Real

Estate

Free of charge service available to everybody

Registration

Authentication

process

Every applicant having the intention to get the access to the

Information system of the cadastre of real estate ndash remote access-

has to ask it in the form of request He must fill in the form to be

found on the website in which he mentions his name address

type of payment how often the invoice(s) should be sent to him

(there are some possibilities) etc Based on that request he

receives the confirmation and agreement together with his User

ID and password For citizens of other Member States there can

be a bit modified agreement but there is not any legal restriction

regarding the availability of the ISKN registry for foreigners

There is no possibility to get the legal output (authorised and

having the status of legal document) on-line without registration

195 279

Such an output can be obtained for single user in any cadastral

office or at any authorised provider or certifier (some notaries

post offices Contact points of Czech state administration -

CzechPoints)

There is another service lsquoconsultation the CRErsquo which is

available for everybody free of charge and users can get only

limited information from CRE serving for information only not

for legal purposes

User can

Search by

Access by

other MS

Yes

National

legislation

Everybody can get the access to the electronic data administered

in ISKN under conditions stated in the regulation to apply the

Cadastral Law (Act Nr 2562013 sect55 point 3) - based on

registration

Language Czech

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Registered user must pay for all provided outputs from

Information system of the cadastre of real estate The fee for a

page A4 is at present 50 CZK (approximately 2 Euros) and

average output has 2 pages

Registered user is invoiced after ending the accounting period

(monthly quarterly or yearly)

The invoice can be paid via money transfer creditdebit card or

even cash at the cadastral office-that option is not used very

often

Pilot project No

ISKN RUacuteIAN

Search by name (YN) y no

Search by address (YN) no y

Search by property identification number (YN) y n

Search by map (YN) y y

Other (please specify)

196 279

486 DE

Registers on-

line

Land registry Real estate cadastre

Access for the

following

users

Land registry

Real estate cadastre

Registration

Authentication

process

NA

User can

Search by

NA

Access by

other MS

NA

National

legislation

NA

Language German

Legal status of

the provided

information

NA

Payment NA

197 279

Pilot project NA

487 DK

Registers on-

line

Den Digitale Tingbog

(The Digitised Land Register)

Access for the

following

users

For everybody there is available summary information only

All information is available with logon by Danish digitised

signature

Registration

Authentication

process

Access by Danish digitised signature ndash does not require that the

system knows the user

User can

Search by

Access by

other MS

The system is open to everyone and there are no limitations

neither in terms of data nor roles

National

legislation

Due to existing Danish legislation full access is given by Danish

digitised signature

Language Danish

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment No fees

Pilot project No

488 EE

Registers on-

line

Land register Land cadastre

Access for the

following

Everyone some for free some with a fee

YN

Search by name N

Search by address Y

Search by property identification number N

Search by map N

Other (please specify) N

198 279

users

Registration

Authentication

process

Authentication is needed in the following cases

1 In case user wants to see personal LR information documents

etc authentication can be done by using ID-card mobile-ID or

on-line bank authentication

2 In case contractual user makes inquiries via website

kinnistusraamatrikee authentication can be done by using

username and password or ID-card Authentication is needed in

order to distinguish users who have to pay the fee (banks etc) and

users who get LR information free of charge (notaries

government agencies etc)

3 Contractual users who are obligated to pay the fee (banks

registered lawyers etc) can also use xml-services In that case

username and password is needed for authentication

4 Contractual users who get LR information free of charge can

also use x-road services in order to make inquiries directly from

the information system they are using (eg e-Notary) In that case

authentication is not needed since it is already done

User can

Search by

Access by

other MS

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

National

legislation

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

Language Estonian inquiries can be made in English but answers are

always given in Estonian

Legal status of

the provided

information

Provided information is legally valid and has the state guarantee

at the time of inquiry

199 279

Payment Fee Credit and insurance institutions Registered lawyers

member of the Bar

Free Notaries and Civil servants A person making inquiry about

himself or herself in the state portal (wwweestiee) A person

making inquiry while performing a public function provided for

in the law such as Government agency Court Local government

agency Notary Bailiff etc

Pre-paid and post-paid (money transfer creditdebit card direct

debit etc)

Pilot project Yes Estonia would like to become a lsquoPilot projectrsquo for

implementing testing and evaluating Land Register

interconnection in the framework of the European e-Justice

Portal

489 EL

Registers on-

line

Regional Land Registry Offices

National Cadastre

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation then the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those Transitional

Cadastral Offices there are capabilities for on-line access to the

relevant land data Gradually (up to 2020) all traditional

lsquoRegional Land Registry Officesrsquo as well as lsquoTransitional

Cadastral Officesrsquo would be converted to the lsquoPermanent

Cadastral Officesrsquo and thus it would be possible to have on-line

access in all of them

Access for the

following

users

Registration

Authentication

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Notaries N Planned (expected to access the system through web services) 2016

2 Registered lawyers member of the Bar

N Planned (expected to access the system through web services) 2016

3 Surveyors N Planned (expected to access the system through web services) 2016

4 Registered Users N For certain areas of the operating Cadastre in which the cadastral surveying process has started after 2006 The Ministerial Decision for enabling registered users to have direct access to the first registrations of their properties was signed in March 2014 Activation of this capability will take place in the forthcoming months

200 279

process other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

User can

Search by

Regional Land Registry Offices

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those offices there are

functionalities in the computer systems that enable searches listed

in the table below (the one that corresponds to the lsquoNational

Cadastrersquo) Gradually (up to 2020) all traditional lsquoRegional Land

Registry Officesrsquo as well as the lsquoTransitional Cadastral Officesrsquo

would be converted to the lsquoPermanent Cadastral Officesrsquo and

thus it would be possible to perform the types of searches listed

below in all of them

Access by

other MS

Yes

National

legislation

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

Language Greek

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Certificate of registration of a land transaction - certifies that a

specified land transaction is registered

Regional Land

Registry Offices

National Cadastre

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Y

201 279

Certificate of cadastral registrations of subsets of property rights

about a user-specified property - lists the cadastral registrations of

certain user-specified types of rights that have been registered

about a real property

Certificate of cadastral registrations of a physicallegal person -

lists the cadastral registrations that pertain to a specified person

Certificate of absence of cadastral registrations about a

physicallegal person - it certifies that a given physicallegal

person does not have any property or other registered right

Copy of a propertyrsquos cadastral sheet - it contains the history of all

legal information about a property (ownership encumbrances

etc)

Copy of a deed or a document from the cadastral survey archives

Copy of a propertyrsquos cadastral map extract - it depicts the location

of the property into the National Grid and the neighbouring

properties

Copy of a propertyrsquos cadastral map extract containing the

coordinates of the propertyrsquos boundaries - it depicts the location

of the property and contains the coordinates of the propertyrsquos

boundaries into the National Geodetic Reference System

Payment Pre-paid for all types of users via money transfers or direct debit

Pilot project With the currently available financial and human resources in the

cadastral agency no However if the pilot study was financed

from other sources then the possibility for the Hellenic National

Cadastre and Mapping Agency to become a lsquopilotrsquo point could be

considered

4810 ES

Registers on-

line

Land Registry (provides on-line access to data from around 1000

Land Registers) Spanish Directorate for Cadastre (responsible for

95 of the Spanish territory) Other 4 cadastral organisations

responsible for 5 of the Spanish territory Servicio de Riqueza

Territorial de Navarra Catastro de Aacutelava Catastro de Guipuacutezcoa

Catastro de Vizcaya

Access for the

following

Land Registry System Civil servants Notaries When a

legitimate interest is claimed Registered lawyers member of the

202 279

users Bar Credit and insurance institutions Justice (judges or

experienced justice professionals) Access is already organised

via EULIS for everyone Access is available also to the registered

owner mortgagee and mortgagor

Spanish Directorate for Cadastre Civil servants Notaries

Registered lawyers member of the Bar Credit and insurance

institutions Justice (judges or experienced justice professionals)

Additionally financial institutions lawyers legal representatives

account auditors administrative managers real estate agents and

other professionals developing similar businesses as well as the

Public Entities and detectives provided that they declare the

reason for such consultation and this is in agreement with the

purposes of the Registry

Examples of legitimate interests

Foreign judge needing the information for a certain civil or

criminal procedure foreign solicitor lawyer or notary needing the

information to perform a certain conveyance over the property

In the application forms available to get the information there are

some common interests that can be alleged

bullLegaleconomic investigation on credit solvency or

responsibility

bullLegal investigation on object ownership or limitations

bullInvestigation for contracting or mediation of shares

bullThe applicant is a registered owner of some landed property

Registration

Authentication

process

Information is requested in the asynchronous way User and a

password can be created facilitating the process of information

request When verification is done through credit card all users

have the same rights and access No one have direct access to the

data base itself

User can

Search by

Parcel address Parcel ID Property coordinates Map (graphic

bases) Deed Owner Purchase price Mortgages Known

encumbrances

Access by

other MS

Yes

203 279

National

legislation

Data protection regulation

Language Spanish and all the other official languages of the country

- catalan in Catalonia Balearic Islands and Valencia

- Gallego in Galicia and Vasque in the Vasque Country

English (and soon in other foreign languages)

Legal status of

the provided

information

Legal certificate every legal data provided ownership burdens

encumbrances attachments hellip

Payment Fee Post-paid (Users with password and account registered pay

once a month and are charged directly to their bank accounts) and

Prepaid (Credit card provided by the user every time a request is

done The credit card details can be filed in with the users account

so that there is no need to enter them every time)

Soon payments through mobile phones will be admitted

Pilot project Yes

4811 FI

Registers on-

line

Land Register called lainhuuto- ja kiinnitysrekisteri in Finnish

Cadastre

National Land Information System

Purchase price register

Access for the

following

users

Owner encumbrances and price data is accessible on-line only to

users in below categories 1-5 For what concerns the

identification informationdata of an individual relevant land data

entity of Land Register the information is accessible to everyone

Registration

Authentication

process

The national law requires acceptance of a personal user request in

a written application form for each category of user

204 279

User can

Search by

Parcel ID Property coordinates Map Known encumbrances

Access by

other MS

Yes

National

legislation

Automated confirmationverification of the userrsquos category done

by the Member Staterdquo is not possible in authorisation as Finish

law on National Land Information System requires acceptance of

a personal user request to access Land Register on-line in a

written application form for each category of user In principle the

access conditions are similar to everyone independent of their

country of origin but changing the answer to allow access by the

user category here would require appropriate legal modifications

Language Finnish Swedish English (to be implemented)

Legal status of

the provided

information

No formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a

property title

Payment Fee Post-paid by invoice

Pilot project Probably not because of current critical development stages - to

be discussed

4812 FR

Registers on-

line

Three departments (Moselle and the two departments of Bas Rhin

amp Haut Rhin forming the Alsace region) have their own land

register regime (managed for the Ministry of Justice) where all

land data is centralised into a unique file AMALFI

French notaries and geometers have access to the SPDC (Serveur

Professionnel de Donneacutees Cadastrales) server providing access to

a subset of land data

Access for the

following

users

AMALFI Justice professionals (notaries bailiffs geometers

municipalities) have on-line access (others send asynchronous

requests)

205 279

SPDC only French offices of notariesgeometers have access

when registered

Registration

Authentication

process

AMALFI Authentication (justice professionals notaries etc) is

done via a smart card for the on-line access and requests of copies

lsquopersonsrsquo No authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on request (form

signed by the user and by his professional body)

SPDC IDpassword to be distributed by the registered office

User can

Search by

AMALFI Name Address Property ID number Number of the

lsquoannexersquo

SPDC Knowing the location (commune) by cadastral Ndeg owner

name document Ndeg

Access by

other MS

Not implemented

French services do not take position on this point (accepting to

process asynchronous requests is a political decision)

National

legislation

France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of

the provided

information

FIDJI (responses provided by DGFI (Ministry of Finance) using

the FIDJI application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against third parties

(lsquoopposabiliteacutersquo) The relevant service (of land publicitypubliciteacute

fonciegravere) certifies that the answer reproduces the exact lsquostatus of

the filersquo at the time of the request The French State would be

responsible in case of error (if the status of the file is not properly

reported)

SPDC (on-line) no legal value (informative value only)

AMALFI On-line answers have no legal value (delivered for

information only)

Copies provided on paper are signed by the lsquoGreffierrsquo and are

Certificates

Payment Various systems exist including SEPA transfers and the on-line

payment via the usual credit cards (VisaMasterCard etc)

206 279

Pilot project France is not candidate (reason too much work in progress ICT

reorganisation lack of national system on-line)

4813 HR

Registers on-

line

LR Cadastre

Access Everyone (assuming that users have same level of data access)

RegistrationA

uthentication

process

No User IDpassword only typing in protection code that

enables to access the database

User can

Search by

Address the cadastral parcel number or the land registration file

number

Access by

other MS

Yes

National

legislation

This issue has not yet been regulated by the legislation of the

Republic of Croatia

Language Croatian

Legal status of

the provided

information

Legal certificate Real Property Title Encumbrances

No formal guarantee Real Property

Payment No fee

Pilot project Yes

4814 HU

Registers on-

line

Unified Land Registry System

(cadastre and the legal registry ndash lsquoGrundbuchrsquo)

207 279

Access for the

following

users

Registration

Authentication

process

The Act CXLI1997 on Land Registration provides accession to

the so-called TakarNet System for certain users and user groups

and regulates the access conditions Further conditions of making

use of electronic land office services and details of data servicing

are regulated by the decree 1762009 (XII28) FVM (Ministry of

Agriculture and Rural Development)

Users 1-8

The Application for Access Permit can be submitted only in

Hungarian on the standardised form issued for this purpose as

the enclosure to the ministerial decree clause (No 1091999

(XII29) FVM) of the Act on Land Registration

When submitting the application general procedural duties

are to be paid This duty is payable in duty stamps sticking

them on one copy of the application Those applicants

exempted of the payment should submit a declaration stating

that after their entrepreneurial activity or performance in the

year preceding the submission of the application they were not

obliged to pay into the central budget

Lawyers public notaries individual bailiffs of the court

should enclose the certificate of the competent Chamber (issued

not earlier than 30 days) saying that the applicantrsquos membership is

existing heshe did not suspend the activity and there is no

disciplinary action opened against himher

Institutions financed from the national budget (e g local

governments) ndash if they wish to be exempted of paying data

supplying fee ndash should submit a declaration stating that after their

entrepreneurial activity or performance in the year preceding the

submission of the application they were not obliged to pay into

the central budget

Other companies should enclose the current original authentic

(or by public notary authenticated) certificate of registration

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y Search according to parcel ID or parcel address for the need of their authority

2 Notaries Y Acting for their clients according to the law search according to parcel ID or parcel address in succession procedure search by ownerrsquo name is allowed (case must be identified)

3 Registered lawyers member of the Bar

Y Search according to parcel ID or parcel address acting for their clients according to the law

4 Credit and insurance institutions Y Search according to parcel ID or parcel address for the need of their tasks we have banks from Europe among our clients

5 Justice (judges or experienced justice professionals)

Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

7 Property agencies different companies

Y Search according to parcel ID or parcel address for the need of their tasks

8 Police detective authorities bailiffs Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

9 Citizens Y Search according to parcel ID or parcel address

208 279

(issued not earlier than 30 days) and the original authentic

specimen of signature

Private individual entrepreneurs should enclose to the

application form for natural persons filled in two copies an

official original certificate issued by the competent document

office not earlier than 30 days saying that the applicant has been

and is also currently registered as private entrepreneur The

certificate should mark the field of activity of the applicant

verifying the necessity of the on-line query of land office data

Based on the Access Permit a Service Contract specifying the use

of the system is signed The service contract and its enclosures

specify the services accessible for the User the number of the

access payment obligations etc The institutions and companies

should declare in the contract how many digital certificates

they need and for how long period of time of validity When

determining the number of the digital certificates it is necessary

to consider that with one certificate you can have at one time

only one access and that you can select and pay two different

periods of time for your certificates (3 or 6 years) After the

signing the contract and paying for the required certificates the

Client will be registered as User and the certificates are issued

The certificate (access authentication) is a digital signature (from

technical point of view) which can be used within this system

only

User 9

The client already registered at the central governmental Client

Gate can automatically use the services of Land Office On-line

after entering the Land Office Portal free of charge and without

new registration The client who is not registered yet has to

register first It can be done personally and free in any Citizens

Office or Government Window to receive a user-ID with

password

User can

Search by

Access by

other MS

Access is available for Member States organisations or citizens

under the same conditions The national legislation does not

restrict users from Member States they have to meet the same

conditions

National

legislation

According to the Act CXLI1997 on Land Registration the

Registry is public which means that the property sheet data and

the maps may be reviewed without restriction by any person

YN

Search by name (YN) only for certain users in certain cases specified in law like police in investigation cases notaries in succession cases etc

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) N map can be searched by property ID and address

Other (please specify) N

209 279

notes may be made and copies may be requested

The following copies can be requested

- non-authentic copy of property sheet (review or full)

- e-authentic copy of property sheet (review or full)

- copy of cadastral map

Review copy contains the existing data full copy contains also

the deleted (historical) data as well

Multitudinous requests are not allowed

Language Hungarian

Legal status of

the provided

information

All the provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Prices and fees of data servicing and the other relevant

instructions are determined by the Act LXXXV1996 The data

service through the network is subject to payment of fees The

user only pays for the services requested

The data servicing procedure ndash from the moment when the user

sends the query till heshe receives the requested data ndash has

several check points Consequently if the user interrupts the

procedure of query e g the user starts a search based on the

address of a land and receives the parcel identity number of the

property but the user does not want to have the property sheet

the system will not charge anything for the services connected to

the search and not for the property sheet

Registered users receive an invoice monthly about the payable

balance and pay by bank transfer (post-paid)

Citizens pay by credit card in advance (pre-paid) The fees are the

same as the currently used administrative servicing fees

determined in the relevant rules of law and other regulations

No subscription possibilities

Pilot project No

4815 IE

Registers on-

line

National Land Register Registration of Deeds

Access for the All users have equal access on payment of a prescribed fee under

210 279

following

users

Statutory Instrument SI 3802012 Any person may search any

folio of the Register and obtain a certified copy thereof on

payment of the appropriate fee

The original deeds underpinning registration ie deeds and

documents of are filed and stored These deedsdocuments of title

including application forms are called instruments Access to

instruments is not open to all nor is access to such information

available electronically Any information on deeds and documents

filed in the Property Registration Authority can only be accessed

in accordance with the provisions of Rule 159 of Land

Registration Rules 2012 The Property Registration Authority

manages any personal data acquired in accordance with the Data

Protection Acts 1988 amp 2003

Registration

Authentication

process

Users of Land Registry information can access information on

line through landirectie On-line access is available to any person

on payment of prescribed fees Professional users such as

solicitors become authorised users and are account holders

Authorised users can

bullConduct on-line searches of the register (folios and title plan

maps)

bullUndertake names index searches

bullSearch and locate property using our digital map

bullUse an index of addresses to view a map and locate a folio

bullDiscover the existence of any relevant transactions which may

already be pending in the Land Registry against a particular

property

bullTrack progress of cases on-line

bullOrder certified copies of particular documents

bullLodge applications for registration ndash eForm 17

bullAvail of these services from 7am to 8pm Monday to Friday and

7am to noon on Saturdays

For professional users landdirectie operates on a subscription

basis Usernames and passwords are assigned There is no charge

for accessing the landdirectie but fees are payable for the actual

usage of the services provided

Since 2011 access has been extended to non-account holders as

211 279

until then landdirectie was available only to persons and

organisations that had opened and maintained an account with the

PRA Customers who wish to search maps and view the land

register (folios) on-line can do so without having to open and

maintain an account Payment is facilitated by a secure

creditdebit card transaction system

User can

Search by

National Land Register Land data Parcel address Parcel ID

Property coordinates Owner Map Known encumbrances

Registration of Deeds 100 of all Deeds since 1970

Access by

other MS

The same conditions apply to any party accessing

landdirectielanddirectie an account for a professional user would

be established or for non-professional user payment would be by

way of secure creditdebit transaction

National

legislation

The conclusiveness of the register is subject to certain limitations

under Section 72 of the Registration of Title Act 1964 A

certified copy of folio carries the state guarantee at time of

delivery

Language English Irish

Legal status of

the provided

information

Legal Certificate

Payment Subscription for account holders or payment by secure

debitcredit transaction

Pilot project To follow

212 279

4816 IT

Registers on-

line

Land registers (Agenzia delle Entrate) Cadastre (Agenzia delle

Entrate)

Libro Fondiario (Provincia Autonoma di Trento Servizio Libro

Fondiario) - From 1910 to 2006 all data are reproduced on

microfilm From 2006 to 2011 100 of deeds and titles are on-

line 100 deeds and titles of the year 2012 will be on-line by

2014 100 deeds and titles of the year 2013 will be on-line by

2015

Access for the

following

users

Land Registers access to land registers is allowed to anyone

submitting a request with no need to demonstrate a legitimate

interest

Cadastre Cadastral information is allowed to anyone submitting

a request with no need to demonstrate a legitimate interest The

only limitation due to privacy reasons concerns the cadastral

plan

Registration

Authentication

process

LR lsquoOn-line land registers consultationrsquo To use that service it is

necessary to make a registration to the on-line financial services

of Poste Italiane (the Italian Postal Service) for the payment of

due taxes

Cadastre on-line services of Agenzia delle Entrate Free of

charge gives access to all the cadastral data including those

concerning the ownership

Cadastral and land registers databases

213 279

For registering it is necessary to specify the fiscal code and the

total amount resulting from the last individual income tax return

Following the registration the applicant receives a Pin code The

kind of access allowing the widest consultation mode through the

use of a special technical platform named Sister requires the

drawing up of a contractual agreement with the Agency That

agreement is necessary for any subject physical person or legal

entity private user or public institution Following the positive

result of the request of agreement the user will receive an

invitation to activate it taking possession of the personal

password as lsquoResponsible for the connectionrsquo This password will

also be used for on-line payment

User can

Search by

LR Parcel ID Owner (person or enterprise) Known

encumbrances Crossed search (parcel ID + owner) Search of

notes or titles

Cadastre Parcel address Parcel ID Owner (person or enterprise)

Access by

other MS

Yes

National

legislation

NA

Language Italian

Legal status of

the provided

information

No formal guarantee that the register is up to date

Payment LR Poste Italiane applies different commissions depending on

the chosen on-line payment method by charging on onersquos

account at Poste Italiane (Conto BancoPosta) through credit card

(Visa and Mastercard) through Postepay card bank transfer

Pilot project The answer to this question needs an involvement of upper

decision levels

4817 LT

Registers on-

line

Real Property Register Mortgage Register

214 279

Access for the

following

users

Registration

Authentication

process

To make search in the Real Property Register an Agreement for

the Provision of Information from the Real Property Cadastre and

Register must be signed with the State Enterprise Centre of

Registers Every professional user (civil servants notaries

registered lawyers members of the Bar credit and insurance

institutions justice (judges or experienced justice professionals))

is given an identification number which is being registered and a

password while a computer is given a code Only professional

users who are granted identification number can access the

Register

The intended purpose of use is indicated in the agreement for the

provision of information or in the application Third party

statements are included in the Agreement The SECR can grant

the right to the third party to distribute real property data under

the agreement

Access to the information of land register of the members of

EULIS through EULIS service is provided for Lithuanian users

on the basis of agreement on provision of information through the

EULIS A user is given an identification number which is being

registered and a password while a computer is given a code

Owners of real property can access the information about all their

owned or possessed property through the Self-Service offered by

the State Enterprise centre of Registers

httpwwwregistrucentrasltsavitarna If the owner of real

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

2 Notaries Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws ndash registered users (on the basis of agreement)

3 Registered lawyers member of the Bar

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

4 Credit and insurance institutions Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

5 Justice (judges or experienced justice professionals)

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

6 Access is already organised via EULIS or ELRN

Y For the members of EULIS on the basis of agreements on provision of information through the EULIS

7 Owners of real property Y Access to information about all their owned or possessed property

8 All users Y Access to the following information only Register No real property object name unique number address

215 279

property is a citizen of the Republic of Lithuania or a foreigner

who has been issued documents confirming personal identity in

the manner established by legal acts of the Republic of Lithuania

and if a person is a user of Internet banking system or a digital

certification centre heshe can access the Real Property Register

(Land Register) without any agreement A list of Internet banking

systems or digital certification centres as well as some other

authentication ways is provided before connection to the Real

Property Register

All users are allowed to make a public search in the Real Property

Register by address of property without any agreement or

authentication However such public search allows access only to

the following information Register No real property object

name unique number address A user is allowed to make up to

300 searches per day

User can

Search by

Access by

other MS

According to the Regulations of the Real Property Register

approved by the Government of the Republic of Lithuania

lsquoRegister data shall be supplied to legal persons entities having

no status of a legal person their branch offices and

representations of the Member States of the European Union

countries of the European Economic Area and the third countries

as well as natural persons in the same manner as the data are

supplied to legal persons and natural persons of the Republic of

Lithuania unless this is in breach of the laws of the Republic of

Lithuania international treaties and other legal actsrsquo Therefore

the same categories of users as given in the table from other

Member States can receive access to the Real Property Register

on the basis of signed data provision agreements Every

professional user is given an identification number which is

being registered and a password while a computer is given a

code

In principle it could be assumed that confirmationverification

could be done by Member States from which the user originates if

there is an agreement with relevant institution and this issue

namely user categories is described in the agreement

Real Property Register

Mortgage Register

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other Search by the name and code of a legal entity

Y

216 279

National

legislation

Communication of the data from the Real Property Register is

regulated in the following legal acts

1 Law on Legal Protection of Personal Data of the Republic of

Lithuania

2 Law on Real Property Register of the Republic of Lithuania

3 Regulations of the Real Property Register of the Republic of

Lithuania

Language Lithuanian for the users of EULIS service information is

provided in English

Legal status of

the provided

information

For all data in the Real Property Register Provided information is

a legal certificate It has the state guarantee at the time of delivery

and ndash according to the condition of the attached disclaimer ndash it is

valid for establishing a title of property

According to the Law on Real Property Register all data in the

Real Property Register shall be recognised as correct and

complete from the date of their entry into the Register unless

disputed in the manner prescribed by laws

Payment The Real Property Register data is provided for payment but with

exceptions established in the Law on State Registers of the

Republic of Lithuania and other laws The procedure for

calculating payment for the use of Register data is established by

the Government of the Republic of Lithuania

When information from the Central Databank of the Real

Property register is supplied to a computer of the data recipient

the agreement made between the data provider and recipient shall

specify the rights and responsibility of a data recipient the

purpose of data use other conditions and procedure

Natural persons or legal entities shall pay the following fee for the

use of Register data (1 EUR ndash 34528 LTL)

- For one search in the database ndash 1 Litas

- For displaying one entry of the Register on the screen when

information is transferred from the Central Databank to the

computer of data recipient under the terms and conditions

provided for the agreement between the data provider and

recipient ndash 2 Litas

- For the preparation of one excerpt from the Register ndash 5 Litas

217 279

- For displaying an extract of cadastral map with the real property

objects on the screen (when performing the following actions of

search in the database performing all searches of the real

property object on the cadastre map moving the map zooming in

and out displaying orthophoto map) under the terms and

conditions provided for in the agreement between the data

provider and recipient ndash 02 Litas

- For displaying the cadastre map of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 2 Litas

- For displaying the cadastral data of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 3 Litas

- For checking of the Cadastre and Register data on real property

object and formation of a note on data revision ndash 125 Litas

- For a copy of a plan of land parcel or structure A4 form ndash 3

Litas A3 form ndash 5 Litas

- For a print-out of a structure plan from the database A4 form ndash

5 Litas A3 form ndash 8 Litas A2 form ndash 10 Litas A1 form ndash 15

Litas A0 form ndash 20 Litas

- For a print-out of an extract from cadastral map from the

databank A4 form ndash 10 Litas A3 form ndash 12 Litas A2 form ndash 15

Litas A1 form ndash 20 Litas A0 form ndash 30 Litas

- For the preparation issue and certification of the copies of other

documents in the case files of cadastral surveying and the

Register ndash 5 Litas

If an agreement is made between the data provider and the data

recipient usually a post-paid model of payment is used ie an

invoice is issued on the basis of actions performed in the Real

Property Register by the data recipient Also an average monthly

and subscription fee for the provision of data can be applied for a

certain established amount of actions in the Real Property

Register In case of single requests the pre-paid payment model is

used

The most usual method of payment is money transfer made upon

218 279

the issued invoice In case of single requests a creditdebit card

can be used Under a separate agreement with the client we can

establish a direct debit

Pilot project Yes

4818 LU

Registers on-

line

Off-line 3 Bureaux des Hypothegraveques

Access for the

following

users

Luxembourg is ready to share land registry information within the

EU as soon as case land data will be available on-line As already

stated in Questionnaire Nr 1 this is currently not the case For

the moment all Land registry information is requested and

delivered in paper form at one of the three lsquoBureaux des

Hypothegravequesrsquo

Registration

Authentication

process

Off-line register

User can

Search by

Access by

other MS

Restrictions or different levels of access do not exist

National

legislation

NA

Language French

Legal status of

the provided

All provided land data information is a legal certificate as a

consequence in all cases provided information is a legal

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y

4 Owner Y

5 Purchase price Y

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) N

Search by map (YN) N

Search by national identity number Y

219 279

information certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property

Payment A fee of 050 euro or of 074 euro is due for each copied page of

information delivered by the register

The fee is due at the moment of the delivery of information no

pre-payment and no post-payment

In principle payment in cash

Pilot project No

4819 LV

Registers on-

line

National Real Estate Cadastre Information System (Cadastre

Information System) State Address Register State Unified

Computerised Land Registry

Access for the

following

users

Cadastre Information System and State Address Register

Notaries Credit and insurance institutions Municipalities Utility

companies (water electricity etc) Real estate companies Law

enforcement (police etc) authorities Not in all cases to

Registered lawyers member of the Bar Justice (judges or

experienced justice professionals) Civil servants

State Unified Computerised Land Registry Everyone can access

but search available to police bailiffs government officials and

such

Registration

Authentication

process

Sign a contract and receive user ID and password

User can

Search by

State Unified Computerised Land Registry Everyone - by

property address property ID parcel ID cadastral number folio

number property name ndash fully excluding using person

identification data

Access by

other MS

Yes can search by address property identification number map

National

legislation

NA

220 279

Language Latvian Section names are available in English content is

available in Latvian only

Legal status of

the provided

information

Legal certificate for National Real Estate Cadastre Information

System (Cadastre Information System) State Address Register

State Unified Computerised Land Registry

Payment Post-paid + subscription (monthly) occasional (pre-paid) by

creditdebit card SMS payment internet banking

Pilot project No

4820 MT

Registers on-

line

No

Access Physical Form via e-mail answers are not official

Registration

Authentication

process

Special Form

User can

Search by

Parcel address Parcel ID Owner (person or enterprise) Map

Known encumbrances

Access by

other MS

Yes search only by Property identification number and Map

National

legislation

In Malta data entered in the Land Register is derived from public

deeds and is thus public However due consideration is

nonetheless given to the protection of data

Language Maltese English (as a general rule lsquoCertificates of Titlersquo are

issued in Maltese)

Legal status of

the provided

information

Legal certificateNo formal guarantee

Payment Fee by cash or by cheque only

Pilot project No

221 279

4821 NL

Registers on-

line

Land Registers and registers for ships and planes

Base Registration of Cadastre

National base registry of topographic maps

National base registry of large scale maps

National register of public limitation on parcels

Access for the

following

users

Registration

Authentication

process

There is a difference between the submission of information (by

notaries judges) and the request for information In case of

submission the use of electronic certificates is required In case

of research and enquiries a one-side non-recurring payment or

transaction based on an agreed order form will be sufficient to get

access to the required information Since there is no distinction

made between the different categories of users there is no

specific authentication required Agreed order forms will be used

specifically in cases of bulk information or when information has

to be gathered in a specific format

User can

Search by

Access by

other MS

Search by name and by address Search by property identification

number map

National

legislation

Information can only be obtained if and when paid for by all

categories of users

222 279

Language Dutch

Legal status of

the provided

information

Formal guarantee cannot be given by the cadastre because of the

non-positive aspects of the Dutch system

Payment Money-transfer credit cards and direct debit

Pilot project Yes as within the European framework (with regard to both their

registry and mapping tasks) the Dutch cadastre already takes a

pioneerrsquos role in this respect (leading role within the CROBECO

and the IMOLA projects of ELRA)

4822 PL

Registers on-

line

New Land Book

Off-line Cadaster

Access for the

following

users

Access is available on-line for everybody

Registration

Authentication

process

Access is available on-line for everybody

User can

Search by

Landbook ID

Access by

other MS

Currently available for everybody

National

legislation

NA

Language Polish

Legal status of

the provided

information

NA

Payment No fees

Pilot project NA

223 279

4823 PT

Registers on-

line

National Land Registry Tax Id of the property Cadastre

Access for the

following

users

Civil servants Notaries Registered lawyers member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) CROBECO (project and grants foreign

lawyers or notaries access to the Permanent Certificate (On-line)

or a Simplified land registry information (On-line))

Registration

Authentication

process

LR no need of an authentication process

Civil servants can access data base on agreement with the

Institute of Registries and Notaries

All others through

bullThe request of a Permanent Certificate (On-line) - To access the

permanent certificate user should enter wwwpredialonlinept fill

in the request and the system will provide an access code This

code allows the visualisation of information through the Internet

during the time period of the permanent certificate (1 year)

Although it is a pdf format it is not a frozen image of the registry

it is continuously updated as the pdf file is generated each time

the user accesses the information using the code

or

bullSimplified land registry information (On-line) via paying a fee -

It is automatically obtained from the land registry information

system It shows the essential elements of the description of the

immovable property of the person entitled to the propertyrsquos rights

and charges and indicates the existence of mortgages

attachments and any other encumbrances and charges as well as

the pending registry requests

User can

Search by

National Land Registry and Tax Id of the property Parcel ID

Cadastre Parcel address Parcel ID Property coordinates Map

Access by

other MS

Yes

National

legislation

Privacy granted by our Constitution - personal data protection

Only courts and judicial authorities can overcome this rule and

research the database by owners name to protect other

224 279

fundamental rights

Language Portuguese

Legal status of

the provided

information

Legal certificate Parcel ID (Land Registry) Owner (person or

enterprise) (Land Registry) Known encumbrances (Land

Registry)

Payment Fee - pre-paid on-line with VISA (and also trough a bank

reference payable at ATM and eBanking but this only can be

paid by a Portuguese bank account)

Pilot project Yes and fully available

4824 RO

Registers on-

line

Register of applications for land registry excerpts and notarial

deeds

GEOPORTAL - geometries cadastral number of the plot

Access Public notaries

Registration

Authentication

process

User name and password

User can

Search by

Land book number topographical number cadastral number

map

Access is limited to public notaries

Access by

other MS

No

National

legislation

According to art 29 from Law no 71996 the notarial deed on

which basis the real right is to be registered must be entered into

by a public notary performing only in Romania

Language Romanian

Legal status of

the provided

information

Legal certificate name charges encumbrances cadastral data of

systematic registration

No formal guarantee cadastral data of sporadic registration

Payment Fee is applicable where for Governmental Bodies it is free of

charge

225 279

Pilot project NA

4825 SE

Registers on-

line

Real property register (consist of both Cadastre and Land

register)

Access for the

following

users

Registration

Authentication

process

After the process of lsquoan agreement and an approved purpose of

usersquo the users get access to information with a User-ID and

password

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

0 In the registration process the administrators as access to all information

Y Internal Lantmaumlteriet and a few big municipalities

1 Civil servants (state or municipal) Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

2 Registered lawyers member of the Bar

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

3 Credit and insurance institutions Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

4 Justice (judges or experienced justice professionals)

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

5 Access is already organised via EULIS or ELRN

Y Information

6a 6b

Private persons companies and organisations

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use The Swedish register is accessible for private persons either by phone to customer service or by access to application with electronic id This is minor dissemination To organisations private and public companies through electronic dissemination either online or download Several different solutions which is the major dissemination for information from the real property register A lot of the dissemination is done through resellers Homepage httplantmaterietseenReal-Property

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y Central points

4 Owner (person or enterprise) Y Only registration officers

5 Map Y Cadastral Index Map

6 Known encumbrances N

7 Purchase price N

8 Tax assessment value N

9 Mortgages Y Internal use only

226 279

Access by

other MS

Currently no In EULIS there is an agreement between the

participating countries If the user in a participating country has

access to the land register they also can access other participating

countries There is a trust between EULIS members

Companies from all 28 Member States that comply with the

purpose of use can access information Citizens (6b) in all

Member States can call customer service at Lantmaumlteriet and ask

for information

National

legislation

NA

Language Swedish headlines in English

Legal status of

the provided

information

In Sweden registration in the Land Register of titles leases

easements and other contractual encumbrance creates a legal

presumption Even if an acquisition has been registered a

question to whether the acquisition is invalid or for some other

reason cannot be asserted may be adjudicated When someone

acts in good faith and relying on register information he or she is

protected It will either secure a bona fide acquisition or entitle

the person to compensation for losses from the state

Payment For public use there is a Geodata sharing model for Swedish

public administration with a yearly fee depending on use

For commercial users is a transaction fee

For researchers there is a discount

For property owner with an electronic-ID access to own property

information is for free by a service lsquomy propertyrsquo

Pilot project Yes

4826 SI

Registers on-

line

The electronic Land Register (eZK)

YN

Search by name (YN) Only internal

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify)

227 279

Access for the

following

users

On the basis of the Land Register Act (ZZK-1) anybody has free

access to the Land Register through an internet portal of the

judiciary lsquoeZKrsquo (via wwwsodiscesi) Free access to all data is

enabled since 2012

This includes access to land certificates of each and every

currently valid as well as formerly valid real estate property data

that were deleted as a result of new entries in the Register (regular

and historical excerpt of the Land Register) data of each and

every implemented right (mortgages etc) and in cases of real

estate property notification on pending requests (seals) It also

includes data of the procedure status the content of petitions and

orders of the Land Register Court and appellate matters (until the

matter is final)

The system also allows for e-filing by qualified users

Registration

Authentication

process

External qualified users require a qualified digital certificate and a

safe electronic mail address for e-filing purposes They are also

able to perform e-filing in Land Register procedures

Qualified digital certificate can be obtained through providers

certified by the Ministry for Education Science and Sport

External qualified users are divided into two basic groups 1

independent external qualified users and authorised

representatives of an independent external user (also called

external administrators)

1Independent external qualified users are further on divided into

the following groups

a) Professional users These users have a position of a

(professional) representative or as a judicial body in civil legal

proceedings and are managed by an external administrator who

has to confirm their inclusion into the professional user group

They consist of the following users groups Notaries Attorneys

Bailiffs Administrators State Attorneys Office of the Republic

of Slovenia State Prosecutors Offices

b) Users ndash case parties These are users who have a position of

case parties to the proceedings in civil legal proceedings They

are self-managed and do not require approval of an external

administrator for their inclusion in the user group lsquoUser ndash case

228 279

partyrsquo

They include the following users groupsCase parties -

legal entities

Case parties ndash individuals

and State Authorities and Local Communities

2 External administrators These are users in the security scheme

who manage the users from their particular groups of the

professional users by confirming their inclusion in or exclusion

from these groups They typically do not execute e-tasks (and do

not act as participants in civil judicial proceedings) External

administrators are included in the security scheme by the Centre

for Informatics (at the Supreme Court) upon their request

Administrators of each group of professional users are

for the group of notaries Chamber of Notaries of

Slovenia

for the group of lawyers Bar Association of Slovenia

for the group of bailiffs Chamber of Bailiffs of Slovenia

for the group of insolvency administrators Slovenian

Chamber of Insolvency Administrators

for the groups of the State Attorneys Office of the

Republic of Slovenia and municipal attorneys offices

State Attorneys Office of The Republic of Slovenia

for the group of state prosecutors offices Supreme

Prosecutors Office of the Republic of Slovenia and

7 for the group of real estate companies Ministry for

Environment and Spatial Planning

User can

Search by

229 279

Access by

other MS

Yes

National

legislation

NA

Language Slovenian

Legal status of

the provided

information

Legal certificate

Payment No fee

Pilot project Yes

4827 SK

Registers on-

line

Land Registry Information System

The relevant land data is viewable in off-line mode for everybody

on Cadastral portal But nobody (except administrators) has on-

linedirect access to them at the moment

Access for the

following

users

Registration

Authentication

process

NA

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants N In 2015

2 Notaries N In 2015

3 Registered lawyers member of the Bar

N In 2015

4 Credit and insurance institutions N In 2015

5 Justice (judges or experienced justice professionals)

N In 2015

6 Access is already organised via EULIS or ELRN

N In 2015

Nr Land data Search is possible YN

Comments

1 Parcel ID Y

2 Property coordinates Y

3 Owner (person or enterprise) Y Trustee tenant

4 Map Y

5 Known encumbrances N

230 279

Access by

other MS

NA

National

legislation

The only restricted details are personal identification number of

the owner and the property price These are available for the

property owner only

Collection of cadastral documents is available only for property

owners their legal predecessors or other eligible persons as well

as for geometers Detailed description of who is authorized to

access various cadastral data is specified in the Cadastral Act

1621995

Language Slovak The information could be provided in a national minority

language this is possible only in specific regions where

population of national minority is at least 20

Legal status of

the provided

information

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Through the Cadastral Portal users are able to search and

download Ownership Documents These however have only

informative character If users want to use the Ownership

Documents for legal purposes they must gomail to the regional

District Office Cadastral Department and have them officially

certified

Ownership Document contains information about owner(s)

property details acreage manner of acquisition of property and

encumbrances It is also possible to view a map of the required

property on the Cadastral Portal

Payment Searching through the Cadastral portal is free of charge

However obtained information (eg Ownership Document) has

only informative character For having that information officially

certified one must pay a fee as it is stated in the Act on

Administrative Fees According to this Act only state

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Search by undetermined owners by Ownership Document by construction by Apartmentnon-flat space

231 279

administration bodies of Slovak Republic have in some cases free

access to this kind of information Also cadastral authority does

not charge in the case of acts necessary for the inheritance

proceedings and for the protection of national cultural heritage

The whole list of who and under which circumstances is exempt

from the payment is stated in the aforementioned Act

The fee for issuing of a copy of the original of an Ownership

Document is 8euro The fee for issuing of a copy from the cadastral

map is 8euro as well These are the two most common requests Of

course there are other charges for services which are mentioned

in the Act on Administrative Fees 1451995

(httpwwwzakonypreludiskzz1995-145)

It is either payment on the spot (when you personally attend the

local cadastral office) or pre-paid if using money transfer

According to the Act on Administrative Fees available payment

methods are revenue stamp cash creditdebit card and money

transfer However in reality only two methods are in use

Revenue stamp and money transfer

Pilot project No

4828 UK

48281 England and Wales

Registers on-

line

Register of title Register of cautions against first registration

Land Charges Registers

Access for the

following

users

The registers are open registers Anyone can sign up for a Land

Registry business e-services account to gain on-line access

provided they agree to pay by direct debit They will be given

access to the Land Registry portal to apply for copies of the

registers and plans and for copies of documents referred to in the

register or documents held by the registrar in connection with an

application

Registration

Authentication

process

lsquoFind a propertyrsquo service for citizens ndash Private citizens must

register for a Property Search User account On-line they must

provide their name address (including country) email address a

user name and a password Citizens must have a credit or debit

card in order to pay the fees for services used Those payments

232 279

are processed for the Land Registry by RBS Worldpay

The citizenrsquos Property Search User Account will automatically be

cancelled without prior notice on or after six months after the

account was last used A citizen must then re-register to use the

service again

Land Registry business e-services portal account ndash all business

customers who wish to use on-line services must first register for

portal services A single application covers an entire legal entity

including all departments branches and sub offices All

organisations using Land Registry Business e-services must have

at least one variable direct debit account set up with their bank for

the payment of Land Registry fees They must complete an

application form giving details of their organisation and

nominating an lsquoadministratorrsquo and a lsquoresponsible personrsquo They

can also nominate deputy administrators and responsible persons

The application form must be printed out completed and sent to

Land Registry in paper format The organisation confirms that the

use of the portal service is governed by the lsquoPortal conditions of

usersquo which are published on the website

Once the Land Registry has used the information in the

application form to create an account we will send the

administrator(s) a security token The Entrust IdentityGuard Mini

Token is a high-quality one time password (OTP) device

designed to help provide strong versatile authentication The

security token provides an additional level of security over and

above the administrators user ID and password A different

unique PIN number is generated by the token each time the

administrator presses the button (hence lsquoone timersquo) For a limited

period of time that PIN number is synchronised with the PIN

number for that token in Land Registrys credential database in its

hardware security module When administrators attempt to log on

to the Land Registry network via the portal they are prompted to

enter the PIN number generated by the token If the entered PIN

number is correct they are granted access to the system The token

is durable against normal wear and tear with an expected battery

life between six and eight years No additional software needs to

be installed to support the use of OTP tokens

The token will allow the administrator to access the new portal

account and set up the individual users from the organisation who

will use the service Each individual user will have a user ID

allocated and a temporary password that they must change The

individual users do not need a token to use the services only their

233 279

user ID and password The administrator needs the token only to

undertake administrator tasks as setting up new user accounts and

closing old ones (If the administrator also wants to use Land

Registry services she must set themselves up as a user with a

different user ID and password The two roles are separate and the

role based access will limit the services that can be used in each

ID)

The administrator responsible person and deputy roles are set up

and managed by Land Registry In the case of other users it will

be the responsibility of the organisation to allocate one of a

number of predefined roles to each user and to instruct their

administrator accordingly so that the administrator can create an

appropriate account for that user The allocated role will dictate

the services that the user has permission to access when they log

on and can only be changed by an administrator (For instance

some users may only be given access to information services ndash

copies of registers documents and searches ndash while other

qualified and experienced staff might be given access to use

applications that can change the register) This is for the

organisation to decide

Land Registry has created the role of responsible person and

deputy responsible to assist conveyancers and other organisations

with the proper supervision of their practices as required by their

regulators by statute or by good practice The responsible

person and deputy responsible person will have access to an on-

line Land Registry report which will list actions taken by the

administrator in the previous 30 days This activity can be

checked regularly for supervision purposes and to make sure the

administrator is not giving access to persons that should not have

it

There is no sign-up charge for portal services only standard fees

for the use of individual services

Land Registry Business Gateway ndash Customers who are using a

case management system may be able to gain access through an

XML interface (Business Gateway) that links their case

management system to the services If the customerrsquos case

management system provider does offer this service and the

customer wishes to use it the responsible person must apply

through Land Registry Customer Support for the necessary

technical connections to be made Land Registry Business

Gateway uses a certificate-based mutual SSL connection

234 279

Otherwise the same conditions apply as for portal use

There is no sign-up fee for Business Gateway only standard fees

for the use of individual services

User can

Search by

Searches of the register of title can only be made by title number

or property address not by the name of the proprietor

If the customer does not know the title number or address they

can use our MapSearch facility a free on-line map to establish

whether land and property in England or Wales is registered and

obtain title numbers and details of freehold or leasehold tenure

Or for a guaranteed result they can request a Search of the Index

Map The Index Map kept by the registrar as a means of

establishing whether land is affected by a registered estate if so

its title number or whether land is affected by a caution against

first registration

Only a limited number of people can search by proprietorrsquos name

mostly in connection with court proceedings insolvency and tax

liability These limitations to searching by name of the proprietor

do not apply if the proprietor is a company

Access by

other MS

Yes

National

legislation

There is no reason why users from other Member States should

not have access to our Information Services to obtain copies of

the registers and documents However the Legal Services Act

2007 limits those who can undertake reserved legal activities to

persons qualified and regulated by professional bodies in England

and Wales Conveyancing activities related to the Land

Registration Act 2002 are reserved legal activities So it is

possible that if a notary from another Member States made an

Register of title

Register of cautions

against first registration

Land Charges

Registers

Search by name (YN) N N Y

Search by address (YN) Y (to find title number)

Y (to find title number)

N

Search by property identification number (YN)

Y Y N

Search by map (YN) Y (to find title numbers associated with parcel of land)

Y (to find title numbers associated with parcel of land

N

Other (please specify)

235 279

application for registration to the Land Registry of England and

Wales that might be a breach of the Legal Services Act 2007 But

applying for copies of the registers and documents would not

breach that Act

Language English Welsh for land in Wales

Legal status of

the provided

information

Register of title ndash official copies - provided information is a legal

certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property But an applicant for

registration of a conveyancing transaction must protect the

priority of their future application by means of an official search

of the title from and including the date of the official copies of

the register The official search with priority will give priority to

the protected application for a period of 30 business days

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Register of cautions against first registration - The caution

relates to unregistered land so the registrar cannot be certain as to

the validity of the interest until first registration of the land

affected Then the registrar will serve notice on the cautioner of

the first registration and the cautionerrsquos right to object to it The

register does not establish title to property Instead it warns of

claims relating to the unregistered land

Land Charges registers - The registers relate to unregistered

land They provide evidence of certain encumbrances relating to

that land They do not establish title to land

Agricultural Charges register - The register provides evidence

of Agricultural charges only given by individual farmers It does

not establish title to land

Payment Currently payment arrangements might prevent foreign users

from having a business e-services account The user must be able

to make an arrangement to pay be variable direct debit so must

have a bank account in England and Wales Alternatively to use

the Find a Property service they must pay be debit or credit card

for each service But if the EU Justice system provided

236 279

arrangements for payment this should not be a problem

Fees are paid in accordance with the current Land Registration

Fee Order 2013

Pre-paid by creditdebit card ndash Find a Property public service

Post-paid by variable direct debit ndash Business e-services

Pilot project Yes subject to the approval of the Directors

48282 Scotland

Registers on-

line

LR General Register of Sasines Crofting Register

Access for Civil servants Notaries Registered lawyers - member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) Everyone

Registration

Authentication

process

Require credit worthiness checks while group lsquoEveryonersquo can

obtain access by individual request and reply on-line

User can

Search by

LR Parcel address Property coordinates Owner (person or

enterprise) Map Known encumbrances

Purchase price ndash only as off-line request

Access by

other MS

Yes and their validity could be checked via their home state

Can search by name address property ID ndeg map

National

legislation

No

Language English

Legal status of

the provided

information

Legal certificate Land Register Crofting Register

No formal guarantee General Register of Sasines

Payment Direct Debit through our on-line portal

Pilot project In the future

237 279

48283 Northern Ireland

Registers on-

line

Land Registry Northern Ireland Registry of Deeds Statutory

Charges Register

Access for the

following

users

Registry of Deeds Registry of Deeds and Statutory Charges

Register via Landweb

Registration

Authentication

process

Yes ndash must register with Land Registry ndash User ID and Password

required to access Landweb

User can

Search by

Access by

other MS

Yes

National

legislation

Not Applicable

Language English

238 279

Legal status of

the provided

information

Information guaranteed on date and at time of delivery only

Payment Fees are payable for land information ndash they are governed by

Statute ndash the Land Registry Fees Order and Registry of Deeds

Fees Order Payment can be made by cashsuspense

accountcreditdebit cards

Pilot project Not at this time because of the existence of our private finance

initiative contract (a way of creating lsquopublicndashprivate partnershipsrsquo

by funding public infrastructure projects with private capital)

which would make interconnection particularly complex and

costly for us

239 279

49 Interview Reports

491 Interview with EULIS

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf EULIS Meeting 6th November 2013

ReferencePage FSLandReg MM-20131106V00doc

Date 6th November 2013

Place EULIS ndash Appeldoorn NL

Participants EULIS MM R Wouters amp G Leenders

Unisys MM D Huys amp P-E Schmitz

Eulis is a specific legal entity formed as an lsquoEuropean Interest Grouprsquo Only (European)

States can become member of Eulis This does not mean EU Member States (some others can

be members ie Norway Macedonia) Eulis has now 10 members

The idea of providing a European land register information service through an electronic web

platform came in 2002 and looked then promising in order to facilitate trans-European

exchange of real estate information

The Eulis service standardise and facilitates the exchange of information (but all information

is stored in national data bases nothing is stored on Eulis and Eulis ensures no money flow)

Eulis provides the link the bridge plus a glossary for helping users to understand the

information (in case it is not provided in English by the owner)

Unfortunately the crisis came as from 2007 and the number of trans-border transactions

reduced strongly It is difficult to motivate and attract new members

Therefore the Eulis service is now facing serious issues

The number of lsquoinformation transactionsrsquo delivered via Eulis is currently very

low most probably less than 10 a week according to our understanding) Eulis is

therefore not sustainable very long and is not lsquoon the radarrsquo of real estate

professionals (ie notaries banks lawyers insurance companies) that prefer to

using their local agents correspondents or branches

The yearly contribution (20000 euro per Member State) that is necessary to maintain

Eulis alife is therefore not recovered by invoicing transactions

Although the portal is user friendly (easy to use) the service is not attractive

enough due to the poor quantity of information delivered in particular the non-

legal information lsquoaroundrsquo a real estate is not available environmental projects at

local level zoning plans maps etc Presently the lsquolegal informationtextrsquo is the

only one that may be obtained

240 279

Ideally the delivered information should go beyond the simple legal information that

a parcel number exists has a certain surface or is owned by X but in the current

situation even the mere ABC information42

is not always available

What is needed would be a real lsquoproperty reportrsquo including

Pictures

Environmentsituation

Price

Tax value

Value obtained for lsquosimilarrsquo goods in the same location and market

Important States are not connected (ie Germany France Belgium that is important

for Dutch customers Italyhellip) Some States do not have their own central portal

(Germany France)

Some States offer their services for free (ie SK) therefore they will never find an

economic justification for financing Eulis (20000 euro yearly) as the service does not

provide any income

In some States the legal framework (ie privacy regilation) does not allow to provide

the information

In some States the information is fragmented between

Kadaster (fortunetax management Min of Finance ie in Italy)

Land register (often managed by Min of Justice)

Othercombined (ie environmental data managed by other Min)

There is another major stakeholder playing in the field ELRA (European Land Register

Association) dedicated to EU MS (all except DK) Beyond its role of representing the

national Land Registers facing European Policies (lobbying being consulted in case new

regulation has implications) ELRA is also developing lsquoservicesrsquo through the ELRN

(European Land Register Network)

42 ABC A=Property (location) B=Ownership C=Mortgages other

241 279

A Help desk to support professionals facing trans-border requests

An lsquoapplicationrsquo for providing information which may appear as a competitor

for Eulis (ie informing the purchaser of a house in Spain that there are

lsquohidden chargesrsquo the new owner may have to pay all pending invoices in case

the previous owner has not paid them)

In this framework ELRA that is facing the same difficulties as Eulis to achieve LR

interoperability is also at the origin of the lsquoImola Projectrsquo43

(in cooperation with Eulis) in

order to

Define the legal conditions for access to LR information Propose a set of

common rules based on userrsquos profiles kind of searches purpose and data

required

Describe a common structure for a template about LR Information whose

guidelines will be based on information of different MS

o Decide what data are relevant for the template

o Find a minimum common denominator of data

Develop the assistance tools that complement access to the LR Information

Three level of assistance will be developed

o A glossary to facilitate the translation of the template into the official

languages

o A set of reference information comprising fact sheets

o Individual report through the experts of the ELRN network

The issue of authentication this is now based on lsquomutual trustrsquo if a country recognizes lsquoXrsquo as

an lsquoentitled personrsquo (ie a notary) then the other Eulis Members accept

The problem is that the definition of some professions (ie real estate agent) are not

standardized in all countries and that even lsquoISO professionsrsquo (like notaries) have not the

same authorisations in all countries In addition there is little security regarding the cleanup

of lists (X could be registered in 2013 but not anymore in 2014hellip) This is a potential future

challenge for e-Justice building and maintaining a central authentication system for all

justice professionals depending on the various national professional registers

43 wwweurocadastreorgpdfirish_conferenceInteroperabilityppt

242 279

492 Interview with ELRA

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf ELRA Assembly visit 10th December 2013

ReferencePage FSLandReg MM-20131210V00doc

Date 10th December 2013

Place Scotland House ndash Schumann 6 ndash Brussels

Participants ELRA (60 persons) + COM (Dick Heimans Stephan Matyk) + EULIS (R

Wouters G Leenders)

Unisys P-E Schmitz

After discussing specific ELRA and ELRN matters Dick Heimans (COM) presented the

feasibility study

The most challenging question for participants seems to be lsquoWhich one out of the 3 optionsrsquo

However the lsquohowrsquo will result from the main principle questions lsquoWho accepts to share

what and to whom and at what costrsquo

Another COM member Stephan Matyk (Stephanmatykeceuropaeu) presented the

proposal for a regulation Ndeg 10242012 where standard forms are proposed in 12 domains

including (i) real estate In fact the Parliament rapporteur plans to extend to 15 forms

5 standard forms are already annexed to the proposed Regulation Question to ask to Mr

Matyk lsquois there a draft for real estatersquo

Other contact mariavilar-badiaeceuropaeu DG Justice A1

Important glossary term to insert in our study the proposition is about simplifying

lsquoAcceptancersquo This is different from lsquoRecognitionrsquo It is formal it means that the foreign

authority must accept the document without requesting for additional forms like an Apostille

a translation of the standard form etc While Recognition is about the content considering

that the content corresponds to the legal truth

This point is to consider when the requested LR will return information (what use could you

make of it is it lsquoaccepted as isrsquo in court

Other important distinction between the lsquoLand registryrsquo institution which is implemented by

the state for the sake of the market (to secure and authenticate real estate transactions) and the

lsquoCadasterrsquo that is born as an institution of the state for the state to enable territorial taxation

Additional information

The use of Graphical databases is not yet compulsory in registration procedures

What about urban planning and environmental constraints They have a legal origin outside

the registry Therefore the policy is to link to the source only

Nothern Ireland register of deeds is text based (no maps)

243 279

The land register is map based From 2004 to 2019 British Telecom will transform it from

paper to IT lsquoLandwebrsquo which has direct access customers for folios and maps on line

3 developments are ongoing e-signature payments discharges + digitalisation of Deeds

archives

493 Interview with France

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf France Meeting 16th July 2014

ReferencePage FSLandReg MM-20160516V00doc

Date 16th July 2014

Place Teleconference

Participants Etienne Lepage DGFIP - Bureau GF3A -

etiennelepagedgfipfinancesgouvfr

Freacutedeacuterique Nion DGFIP - Bureau GF3A -

frederiqueniondgfipfinancesgouvfr

Pascale Baranger DGFIP pascalebarangerdgfipfinancesgouvfr

Jean-Franccedilois Mellet ndash Min Justice - FrancoisMelletjusticegouvfr

Marie WALAZYC ndash Min Justice - MarieWalazycjusticegouvfr

DE-MOUSSAC Brigitte ndash Min Justice - BrigitteDe-Moussacjusticegouvfr

Patrice-E Schmitz (Unisys)

Rein Geerdes (Unisys)

4931 Overview of the LR situation in France

France meaning all departements except 3 (2 forming the region Alsace and the Moselle)

reports (on its e-Justice page) that lsquo354 French property registers exist (Deed system

one for each Service de publiciteacute fonciegravere) They are independent of each other and there

is no interaction between them Moreover in France there is no Internet portal that allows

people to consult these registersrsquo

However these services are managed by the Ministry of Finances (DGFI) and the French

administration has consolidated access to land data through two lsquoapplicationsrsquo that are

lsquonationalrsquo (except AlsaceMoselle)

FIDJI (made for both justiceproperty security and fiscal needs) provides consulting

access to property titles (from all local registers) but access is reserved to the

administration Parcels are identified by cadastral number

MAJIC (cadastre file for fiscal purpose) maintains departemental files

In addition the Hyposcan file provides access to scanned acts (only as from 2004)

There is no lsquocentral filersquo behind these two applications land data are managed locally in the

354 services for property data and in 98 relevant French deacutepartements (101-3) Therefore no

global search on the property of a person is possible for all queries requesters have to start

with the name of the municipality

244 279

Access to MAJIC FIDJI amp Hyposcan is reserved to administration only The Fiscal

administration interfaces requests from public and professionals (providing them with

asynchronous answers)

However there is a specific access to a subset of MAGIC via the SPDC (serveur

professionnel de donneacutees cadastrale) which is on-line for notaries and geometers and

provide access to a subset of cadastral data

Authentication based on a register linked to their professional organisations

It is the office (lrsquoEtude) of the Notaries and Geometers that receive an access and is

therefore registered in the professional register (annuaire) managed by the DGFI Each

office has to providewithdraw accesses (IDPassword) for its professional staff

It is stated that on-line access is reserved for French notaries only (Q22) because the access

is necessary to comply with French law publicity (obtaining the lsquomodegravele 1rsquo extract)

A certain centralisation of data is in progress as from 2004 (10 years) the BNDP The

lsquoBanque Nationale de Donneacutees Patrimonialersquo is a database reproducing a subset of the

above applications (FIDJI amp MAJIC) Access is reserved to lsquoauthorised agentsrsquo that are

members of the administration only (Q121) The BNDP is on-line for lsquothe competent

administrationrsquo (Q2 p5)

4932 Situation in AlsaceMoselle

Three departements (Moselle and the two departements of Bas Rhin amp Haut Rhin forming

the Alsace region) have their own land register regime (Title system managed for the

Ministry of Justice) where all land data are centralised into a unique file AMALFI

Justice professionals (notaries bailiffs geometers and municipalities) have on-line access

(others send asynchronous requests)

No authentication is needed for the lsquoImmeublersquo dataauthentication foreseen for the

lsquopersonnersquo and lsquoannex datarsquo

4933 The processing of requests

As a result of questionnaires there is a clear difference between AlsaceMoselle (AMALFI

system) and other parts of France AMALFI delivers copies electronically lsquofor simple

information purposersquo The delivery of a legal certificate is done also but on paper only

For the rest of France no synchronouson-line access is currently possible to MAJIC amp

FIDJI even for justice professionals notaries etc at the exception of SPDC (where on-line

requests are for free) The barriers are both legal (existing on-line access to SPDC are

reserved to French notaries and geometers) and technical (this looks not relevant as just

depending of resources for upgrading servers capacity)

245 279

Therefore requests are off-line they must be send to the DGFI and The DGFI processes 6

million requests yearly

The payment of a fee is requested for the processing of these asynchronous requests (see Q2

p22) Fees are different for files managed by the DGFI (Min Finances) and AMALFI

Concerning the Q3 Technical answers are relevant for the AMALFI system only It is on-

line (99 availability) processing 150000 requests monthly (1700 unique users) and it

would be able to support twice this amount

AMALFI contains no cartography (is not INSPIRE compliant)

Authentication (justice professionals notaries etc ) is done via a specific smart card for the

on-line access to AMALFI No authentication for the public sending asynchronous requests

The attribution of the specific smart card is done on request (Form signed by the user AND

by his professional body)

Concerning payments (Q2 p22) see Q3 (in English) ndash this is for AMALFI

The DGFI accepts payment by bank card (all business cards) by SEPA transfer and by the

traditional cheques

For each transaction there is one payment and one invoice (no globalisation no monthly

global invoice etc) but frequent users have the possibility to lsquopre-payrsquo an amount on a

lsquoreserversquo that will allow to send information requests and works like a lsquodebit cardrsquo (until the

total amount is spent)

4934 List of national land registers and their organisation

MS Register Responsible

organisation

State of

digit

Online Interconnection

candidate

The land registration

in France is strictly

ruled by the civil law

but there is no

national and unique

register

As a matter of fact

the land registration

in France is split in

354 local registers

known as lsquoservices de

la publiciteacute fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be

technically based

on asynchronous

requests

response to an

agreed query

form

FIDJI (made for both

justiceproperty

security and fiscal

needs) is an

application for

providing consulting

DGFI (Min of

Finance)

But no data

are stored

centrally

Deeds are

100 No The DGFI

processes 6

million requests

yearly

Asynchronous

246 279

access to transactions

(from the 354 local

registers) but access

is reserved to the

administration

Parcels are identified

by cadastral number

stored in each

of the 354

lsquoservice de

publiciteacute

fonciegraverersquo

connection

(based on an

agreed form) is

technically

possible but

depending on a

political decision

MAJIC (cadastre file

for fiscal purpose)

maintains

departemental files

DGFI (Min of

Finance)

But no data

are stored

centrally

Data are

stored in each

of the 93

relevant

departments

100 No See above (both

applications

FIDJI amp MAGIC

are used to

address the

6000000

requests)

Hyposcan file

provides access to

scanned acts (only as

from 2004)

DGFI (Min of

Finance)

100 as

from

2004

No No The

application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments (out of

101)

Ministry of

Justice

100 Yes YES no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes

inquiries

SPDC (serveur

professionnel de

donneacutees cadastrales)

This is not a register

but a server providing

access to a subset of

data covered by the

MAJIC application

(cadaster)

DGFI 100

(limited

cadastral

subset)

Yes NO

This is the only

lsquoOn-Linersquo

access but it is

reserved to the

lsquoregistered

officesrsquo of

French notaries

and geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

owner

247 279

- The document

number

(document

drsquoarpentage)

4935 Title vs deed systems

MS Title Deeds Remarks

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle

No The Alsace region includes the two departements of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

4936 Land register data comparison tables

49361 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

FIDJI No No Yes yes This is the cadastral

parcel number (the

same that is used as

key for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of the

scanned act are the

unique keys

AMALFI Yes Yes Yes Yes

49362 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

49363 Owner

MS Register Owner Comments

Present Search

248 279

FIDJI Yes Yes You have to know the property location

first (commune)

MAJIC Yes Yes You have to know the property location

first (departmentcommune)

AMALFI Yes Yes

49364 Known encumbrances

MS Register Known encumbrances Comments

Present Search

FIDJI Yes Yes

AMALFI Yes Yes

49365 Purchase price

MS Register Purchase price Comments

Present Search

FIDJI Yes Yes

AMALFI Yes No

49366 Language

MS Primary language Other language

French No

49367 Usage costs and payments methods per MS

MS Timig of

payment

Means of

payment

Data

available for

free

Cost of non-free data

Requests to

DGFI

One for each

request at the

time of

sending the

request

Bank cards

(the usual set

visa etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

No From 12euro (real

estatepersons) to 30euro (full

description of a co-

property)

Requests to

AMALFI

Copies are

delivered after

payment

Bank cards on

the web site

wwwlivrefonc

ierfr

Transfer

Chegraveque

No From 5euro (real

estatepersons) to 25euro

(annexe)

4937 Summary

Registers online Three departements (Moselle and the two

departements of Bas Rhin amp Haut Rhin forming the

Alsace region) have their own land register regime

(managed for the Ministry of Justice) where all land

249 279

data are centralised into a unique file AMALFI

French notaries and Geometers have access to the

SPDC server providing access to a subset of land data

Access for the following

users

AMALFI Justice professionals (notaries bailiffs

geometers municipalities) have on-line access (others

send asynchronous requests)

SPDC only French offices of notariesgeometers

when registered

RegistrationAuthentication

process

AMALFI Authentication (justice professionals

notaries etc ) is done via a smart card for the on-line

access and requests of copies lsquopersonsrsquo No

authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on

request (Form signed by the user and by his

professional body)

SPDC IDpassword to be distributed by the registered

office

User can Search by AMALFI Name Address Property ID number

Number of the lsquoannexersquo

SPDC Knowing the location (commune) by cadastral

Nr owner name document Nr

Access by other MS Not implemented

French services do not take position on this point

(accepting to process asynchronous requests is a

political decision)

National legislation France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of the provided

information

FIDJI (responses provided by DGFI using the FIDJI

application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against

third parties (opposabiliteacute) The relevant service (of

land publicitypubliciteacute fonciegravere) certifies that the

answer reproduces the exact lsquostatus of the filersquo at the

250 279

time of the request The French State would be

responsible in case of error (if the status of the file is

not properly reported)

SPDC (on-line) no legal value (informative)

AMALFI Online answers have no legal value

(delivered for information only)

Copies provided on paper are signed by the lsquoGreffierrsquo

and are certificates

Payment Various systems exists including SEPA transfers and

the on-line payment via the usual credit cards

(Visamastercard etc)

Pilot project France is not candidate (reason too much work in

progress ICT reorganisation lack of national system

on-line)

251 279

410 Common Communication Protocol sample scenarios

4101 Sample scenarios

The following sections provide a set of sample scenarios showcasing different usages of the

common communication protocol Please note that the descriptions provided avoid technical

details and abstract certain business processes This is done to keep the readerrsquos focus on the

particulars of the common communication protocol and its intended uses It is understood that

to properly implement any of the scenarios described further analysis will be required

The notation used in the diagrams presented in the sample scenarios is compliant with BPMN

20

4102 Scenario I Professional capacity certification not required

In this scenario it is assumed that the queried Member State (henceforth mentioned as

lsquoMember State Brsquo) does not impose any particular authorisation scheme ie it allows any

user to search for a property using its identification number Furthermore let us now assume

that a registered EJP user (from now on called lsquoRequesterrsquo) who is a citizen of another

Member State (mentioned as lsquoMember State Arsquo) wishes to submit a query to Member State

B using an identification number of a property previously known to him The flow of events

will occur as following

1 The Requester reaches the Land Registers Interconnection area in the Portal and selects

to query Member State B At this point the Portal shows to the Requester Member State

B terms and conditions for using the Land Registers Interconnection which the

Requester immediately accepts

2 The Portal via the Interconnection Hub requests the query authorisation scheme of

Member State B using its Authorisation module

3 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries from all users and provides a list of accepted parameters which in this

case only includes the identification number of a property

4 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

5 The Requester fills-in the search form and submits it

6 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

7 Member State B processes the request and subsequently responds

8 The Portal shows the query response from Member State B to the Requester

This sequence of events is depicted in the following diagram

252 279

Figure 28 Scenario I Overview

253 279

4103 Scenario II Professional capacity certification required

Further to the previous scenario assume that Member State B requires that the Requester is

authenticated by Member State A in order to provide access to its Land Register data Also

assume that Member State A has a process for registering (and from that point on

authenticating) its users

Under these assumptions the first two steps of the flow of events described in Scenario I

remain the same and are not repeated for the sake of brevity The subsequent flow events will

occur as follows

1 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries only from authenticated users and provides the same list of accepted

parameters as in Scenario I

2 Using the Interconnection Hub the Portal requests the Authentication module of

Member State A to certify the Requesterrsquos professional capacity using as parameter

his e-mail address (ie the one used by the Requester in his ECAS registration)

3 At this point Member State A responds negatively (ie the Requester has not yet

been registered)

4 The Portal forwards the Requester to Member State A registration process entry point

embedding at the same time the Requesterrsquos email address in the request at this point

the internal registration process of Member State A commences

Regardless of how the process takes place upon successful conclusion Member State

A records the Requesterrsquos e-mail so that it can be used for further certification

requests

5 The Requester again visits the Portal and the previously described flow is repeated up

until step 2

6 Member State A is asked to certify the Requester which it does by returning a

digitally signed token to the Portal which contains at least the Requesterrsquos e-mail and

his authenticated role (eg notary)

7 The Portal receives the digitally signed token and temporarily stores it

Please note that the term lsquotemporarily storesrsquo here implies that the Portal will keep the

digitally signed token only as long as the Requester session lasts Once this session is

concluded the token is deleted along with any other session data

8 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

9 The Requester fills-in the search form and submits it

10 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

Please note that the digitally signed token is automatically embedded during this

process to the query submitted to Member State B

11 Member State B processes the received request As part of the processing Member

State B validates the signature of the digitally signed token (thus validating that the

token originates from Member State A) and checks if the Requesterrsquos professional

capacity allows the query to be executed In this scenario both evaluations are

positive and Member State B immediately provides the search query result

12 The Portal shows the query response from Member State B to the Requester

The described sequence of events is depicted in the following diagram

254 279

Figure 29 Scenario II Overview

255 279

411 Consolidated responses of Member States to questionnaire 3

Section 1 General technical questions

1 Please define system availability in percentages during the period of a calendar month

(eg the solution is available 99 of the time in any given month)

Below 98 6 35

From 981 to 995 8 47

Above 996 3 18

Unknown Not provided 0 0

2 How many queries does your system serve and what would be the maximum and average

number of users using your system per month

Below 10000 queriesusers per month 4 24

From 10000 to 50000 queriesusers per month 6 35

From 100000 to 30000 queriesusers per month 1 6

Above 300000 queriesusers per month 5 29

Unknown Not provided 1 6

3 To your understanding is your current solution able to cope with additional number of

searches due to international cooperation and if yes to what extent Can you please specify

256 279

the maximum number of additional searches per month you would expect your system to be

able to handle

Yes can cope with additional number of searches 15 88

No cannot cope with additional number of searches 2 12

Unknown Not Provided 0 0

4 What kind of information does your system log during normal operation

Searches executed 16 38

Create update and delete operations 14 33

Read operations 9 21

Other 3 7

Section 2 Data model

6 Is map data used in your register (parcel localisation) compliant with the INSPIRE

directivestandard If yes can you please specify the level of compliance (full or partial)

and if only partially compliant also provide a short explanation how it diverges

Not compliant with INSPIRE 4 24

Compliant with INSPIRE 5 29

Partially compliant with INSPIRE 5 29

Unknown Not provided 3 18

257 279

7 If you are not yet fully compliant with INSPIRE do you intend to become so

If yes can you please provide the timeframe for this activity and the extent of the

planned compliance

Yes I intend to become INSPIRE compliant within the next 12-24 months 3 18

Yes I intend to become INSPIRE compliant but the timeframe is unknown 1 6

No I dont intend to become INSPIRE compliant 3 18

Unknown Not provided 10 59

Section 3 Interfaces

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

8 To what networks is your system currently connected (eg governmental

Internet sTesta)

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

258 279

9 What interfaces are available currently from your system In case there is more than one interface please also specify your

preference (if any)

Available Preferred Available

amp Preferred

Web pages (eg

http forms)

11 - 2

SOAP based

Web Services

7 - 2

REST based

Web Services

3 - -

Other 2 - -

259 279

10 Can you please indicate for each of the following standards whether it is supported by your current technical platform and if

yes which version is currently supported

Please mention for the ones that you do not currently support whether to your knowledge they will be supported in the next 24

months For the standards that you are currently supporting please indicate the known limitationsrestrictions of your platform

and whether these limitationsrestrictions are expected to be still applicable in the next 24 months

Currently

supported

Supported within

the next 24 months

WSDL 11 3

SOAP 10 3

XSD 10 2

HTTPS 13 1

REST 4 1

WADL 2 1

UDDI 2 1

WS-Discovery 1 1

OpenPGP 0 1

SAML 1 2

Unicode 8 2

Date Error Unknown document property name Version 039Error Unknown document

property name 260 279

11 Does your platform support any of the following Web Service extensions If yes which

versions are supported If not could you potentially add support for these in the next 24

months

WS-Security 3 33

WS-

SecureConversation

1 11

WS-Policy 2 22

WS-Addressing 0 0

Unknown Not

provided

3 33

12 Would you consider modifying extending or replacing the interfaces currently

provided by your system so as to achieve better integration with the European e-Justice

Portal If not can you please provide the reason

Yes I consider modifying extending or replacing the interfaces 11 65

No I dont consider modifying extending or replacing the interfaces 4 24

Unknown Not provided 2 12

261 279

Section 4 Technical platform

13 Can you please provide a list of all the components of your current technical platform describing the type of component (ie

application servers programming andor scripting languages database server specific libraries IDErsquos etc) vendor and version

Please mention for each whether it is mandatory that you use it (for example because of a global ICT policy) or whether it is a current

preferred choice

Available Not

Available

Java based environment

(Oracle IBM)

13 0

Java based environment (Open

Source)

3 1

Microsoft based environment 6 0

Open Source based

environment

4 0

262 279

14 Can you please provide a list of the supported character sets by your current

technical platform andor IT tools

Local language

character sets

6 27

UTF-8 12 55

Unknown Not

provided

4 18

15 Do you have plans for updating your existing technical platform in the next 24

months If yes please describe the upgrades that are foreseen (specifying the

components vendor and version for each) and provide the expected timeframe for the

migrations

Yes I plan on updating within the next 24 months 5 29

No I dont plan on updating within the next 24

months

10 59

Unknown Not provided 2 12

263 279

Section 5 Security

16 Can you please outline the security measures you currently have in place in your

system (eg usage of HTTPS for web communications data encryption for all or a part

of the data stored by the system etc)

Usage of HTTPS for

web communications

12 43

Data encryption for all

or a part of the data

stored by the system

4 14

Other 11 39

Unknown 1 4

17 Are there specific regulations or security policies that a particular type of network

connection (such as an Internet connection VPN connection over Internet etc) must be

conformant with so that it can be used in your environment

Yes there are specific regulations or security

policies

10 59

No there arent specific regulations or security

policies

6 35

Unknown Not provided 1 6

264 279

18 Do you use different user roles and if yes please can you please briefly describe

them

Yes I use different user roles 12 71

No I dont use different user roles 3 18

Unknown Not provided 2 12

19 How do you currently authenticate users of your system In case you use different

roles in your system please also mention if you follow the same or different

authentication schemes per role

Using username and

password

16

64

Using two-factor

authentication (ie

username and

password plus a

software or hardware

token)

2 8

Other 7 28

Unknown Not

provided

0 0

265 279

412 Consolidated responses from questionnaire nr 3

Payment instruments and volumes per Member State

Payment

Instrument Credit

transfer

Xborder

Credit

transfer

Direct

Debit

DD

Mandates Cards Cheques Cash Other Country

Belgium 1500 50 0 0 0 0 0 0

Bulgaria 0 20 5000 0 0 0 0 0

Croatia 1000 0 0 0 0 0 0 0

Cyprus 500 0 0 0 0 0 0 0

Czech Republic 1500 10 0 0 0 0 10 0

Denmark 0 0 0 0 0 0 0 0

Estonia 7100 0 0 0 50 0 0 0

Finland 2000 10 0 0 0 0 10 0

France 10000 0 0 0 10000 5000 0 0

Germany 15000 0 15000 0 0 0 0 0

Greece 0 0 0 0 0 30600 0 0

Hungary 30000 0 0 0 5000 0 0 0

Ireland 700 0 100 0 500 13000 2000 0

Italy 15000 0 15000 0 0 0 0 0

Latvia 1400 0 6700 0 0 0 0 0

Lithuania 1850 10 0 0 0 0 0 0

Luxembourg 0 0 0 0 0 0 5400 0

Malta 0 0 0 0 0 860 1060 0

Netherlands 800 40 16000 16000 200 0 0 0

Poland 20000 0 0 0 0 0 0 0

Portugal 1230 0 0 0 2300 500 2000 0

Romania 2000 0 0 0 0 0 0 0

Slovakia 1000 0 0 0 0 0 0

Slovenia 500 10 0 0 0 0 0 0

Spain 3000 0 20000 0 1000 0 0 0

Sweden 2000 40 0 0 0 0 0 0

United

Kingdom 180 10 80000 16000 50 50000 10 0

Totals 118260 200 157800 32000 19100 99960 10490 0

Table 29 Consolidated view of payment instruments and volumes per Member State

266 279

413 Reference and applicable documents

4131 Business analysis report (Part I)

41311 Applicable documents

EUROPEAN COMMISSION (2013) European e-Justice Portal Land Registers

Interconnection ndash feasibility and implementation analysis DESCRIPTION OF

SERVICESTECHNICAL ANNEX v 102

41312 Legal and political reference documents

EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014

on the protection of personal data in the European e-Justice Portal

COUNCIL OF THE EUROPEAN UNION (2000) Council Regulation (EC) No 442001

of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation)

EU 2009 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501)

EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo

for cooperation on cadastre and land registry issues

EUROPEAN COMMISSION (2013) Commission implementing decision of 14112013

on the award of grants for the Specific Programme Civil Justice call for proposals for

action grants JUST2013JCIVAG C(2013) 8097 final

EUROPEAN PARLIAMENT (2011) Draft European Parliament legislative resolution on

the proposal for a Council regulation on jurisdiction applicable law and the recognition

and enforcement of decisions in matters of matrimonial property regimes

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(1995) Directive 9546EC of the European Parliament and of the Council of 24 October

1995 on the protection of individuals with regard to the processing of personal data and on

the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2000) Regulation (EC) No 452001 of the European Parliament and of the Council of 18

December 2000 on the protection of individuals with regard to the processing of personal

data by the Community institutions and bodies and on the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2007) Directive 20072EC of the European Parliament and of the Council of 14 March

2007 establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Directive 201217EU of the European Parliament and of the Council of 13 June

2012 amending Council Directive 89666EEC and Directives 200556EC and

267 279

2009101EC of the European Parliament and of the Council as regards the

interconnection of central commercial and companies registers

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 6502012 of the European Parliament and of the Council of 4

July 2012 on jurisdiction applicable law recognition and enforcement of decisions and

acceptance and enforcement of authentic instruments in matters of succession and on the

creation of a European Certificate of Succession

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 12152012 of the European Parliament and of the Council of

12 December 2012 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (recast) [OJ L351 12122012 p1]

41313 Land data reference documents

EULIS (2013) EULIS country table state of play November 2013 (Country table state of

play update Nov 2013xls)

EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007

EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March

2008

EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July

2010

EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011

EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5)

G LARSSON (1991) Land registration and cadastral systems Tools for land information

and management Longman Scientific amp Technical 1991 pp 17-18 based on United

Nations Ad Hoc Group of Experts on Cadastral Surveying and Mapping 1973 New York

ILICONN consortium (2014) Architecture Overview - Land Registers Interconnection

ILICONN consortium (2014) Land Registers Interconnection Minutes of Meeting

General Justice 1st Sub-Group Meeting 19th May 2014

ILICONN consortium (2014) Land Registers Interconnection Proposals for handling

payments

INSPIRE D28I5 INSPIRE Data Specification on Addresses

PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART I (AT BE CZ DE IT SK ES SE)

268 279

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART IV (CY FI GR HU PL SI)

41314 Links

httpse-justiceeuropaeu

httpeuliseu

httpinspirejrceceuropaeu

httpwwwclgeeu

httpwwwelfprojecteu

httpwwwelraeu

httpwwweurocadastreorg

httpwwweurogeographicsorg

4131 Architecture overview and Proposals for handling payments (Part II

and Part III)

Doc

ID

Reference Related

Document

Location

REF1 LRI ndash Terms of Reference

v102

REF2 LRI ndash Glossary-v012

REF3 LRI ndash Consolidation and

extension of the existing

business analysis report

REF4 ArchiMatereg 21 an Open

Group Standard

httppubsopengrouporgarchitecturearchimate2-

doc

REF5 Software Architecture

Document ndash EULIS 20

v20

REF6 Specific Contract No

JUST2012JCIVFW-

A0217A4e-Justice

Portal under Framework

269 279

Doc

ID

Reference Related

Document

Location

Contract

JLS2008A501Lot 2

REF7 LRI ndash Feasibility and

Implementation analysis ndash

Technical Annex v102

270 279

414 Terminology

4141 Business analysis report (Part I)

Acronym or

Abbreviation

Term Meaning

Authentication Authentication is the process of

confirming identity

Authorisation Authorisation is the function of

specifying access rights to resources

related to information security and

computer security in general and to

access control in particular More

formally lsquoto authorisersquo is to define an

access policy

Encumbrance An encumbrance is a right to interest in

or legal liability on real property that

does not prohibit passing title to the

property but that diminishes its value

Mortgage A mortgage loan also referred to as a

mortgage is used by purchasers of real

property to raise money to buy the

property to be purchased or by existing

property owners to raise funds for any

purpose The loan is lsquosecuredrsquo on the

borrowers property This means that a

legal mechanism is put in place which

allows the lender to take possession and

sell the secured property (lsquoforeclosurersquo or

lsquorepossessionrsquo) to pay off the loan in the

event that the borrower defaults on the

loan or otherwise fails to abide by its

terms

Use case In software and systems engineering a

use case is a list of steps typically

defining interactions between a role

(actor) and a system to achieve a goal

The actor can be a human or an external

system

AT Austria EU Member State

BE Belgium EU Member State

BG Bulgaria EU Member State

C Cadastre A cadastre is a systematic description of

the land units within an area The

description is made by maps that identify

the location and boundaries of every unit

and by records In the records the most

essential information is the identification

number and the area of the unit usually

271 279

Acronym or

Abbreviation

Term Meaning

differentiated by land use class [hellip]

Furthermore the classical cadastre

provides information concerning owners

land classes and values or land taxes44

CCRF Cross border

Conveyancing

Reference

Framework

It aims to set out a European framework

of rules and principles for a process that

for contractual and non-contractual

obligations is based on the law choice of

the two parties and the use of digital

means

CLGE The Council of

European

Geodetic

Surveyors

CLGE is the leading organisation

representing the Surveying Profession in

Europe It promotes the profession in the

European Union and fosters its

development in the Council of Europe

countries Surveying as understood by

CLGE includes Cadastral Surveying

which provides security to land and

property title and thus underlines the

economic base of western society

Geospatial information is now ubiquitous

in our lives and Surveyor plays a

fundamental role in this field CLGE is

represented in 36 Council of Europe

Countries among them 28 EU Member

States

COM The Commission

(DG JUSTICE)

CROBECO CRO(ss) B(order)

E(lectronic)

CO(nveyancing)

Project which aims to set out a European

framework of rules and principles for a

process that for contractual and non-

contractual obligations is based on the

law choice of the two parties and the use

of digital means The framework is

referred to as the lsquoCross border

Conveyancing Reference Frameworkrsquo

(hereafter CCRF) and could improve

confidence of foreign buyers in reliable

cross border conveyancing In the long

term the CCRF could be developed as a

basis for optional generic European

digital conveyancing rules For the short

44 G LARSSON (1991) Land registration and cadastral systems Tools for land information and

management Longman Scientific amp Technical 1991 pp 17-18 based on United Nations Ad Hoc Group of

Experts on Cadastral Surveying and Mapping 1973 New York

272 279

Acronym or

Abbreviation

Term Meaning

term the CCRF focuses on bilateral

agreements with respect for existing

legislation This means that although the

existence of different systems will lead to

different demands the CCRF should be

applicable in Member States with

different legal systems In each of these

Member State the law of the country

where the plot is located (Lex Rei Sitae)

determines the acquisition of property

and applies to all questions related to real

rights45

CY Cyprus EU Member State

CZ Czech Republic EU Member State

DE Germany EU Member State

DIGIT Directorate-

General for

Informatics

DK Denmark EU Member State

EE Estonia EU Member State

EEIG European

Economic Interest

Group

EL Greece EU Member State

ELF European

Location

Framework

Project to deliver a pan European cloud

platform and web services to build on the

existing work of the INSPIRE Directive

and enable access to harmonised data in

cross border applications

Brings together 30 participating

companies including national amp regional

mapping and cadastral agencies software

developers application providers

research amp academia and more

The project is co-funded by the European

Commission

ELRA European Land

Registers

Association

ELRA is an international association

whose primary purpose is the

development and understanding of the

role of land registration in real property

and capital markets Equally ELRA is

fully committed to work on behalf of

land registries in Europe in cooperating

with the UE institutions

45 Project website httpwwwelraeuelra-european-land-registry-associationcrobeco

273 279

Acronym or

Abbreviation

Term Meaning

ELRN European Land

Registers Network

ELRN is a network of Contact Points of

Land Registry associations that answers

questions and publishes legal

explanations of the Land Registry

information provided by the national

systems

ES Spain EU Member State

EU European Union

EULIS European Land

Information

Service

EULIS provides easy access to land and

property information for citizens and

professional customers in Europe It is an

information hub where customers can

find out about different land registration

conditions in each country EULIS has

information about national land registry

organisations their contact details and

other helpful information and links It

also offers on-line access to European

land and property registers for licensed

customers

EULIS is part of the European Economic

Interest Group (EEIG) All countries in

Europe can become member of EULIS

EEIG The organisation maintains a

portal that provides on-line services and

direct access to official land registers in

Europe The portal also offers a glossary

with a definition and translation of terms

in different languages and reference

information on land registry and cadastre

organisations and the products and prices

that are provided

EuroGraphics EuroGraphics is an international non-

profit association composed of the

European cadastre land registry and

national mapping authorities whose

mission is to further promote the

development of the European Spatial

Data Infrastructure through collaboration

in the area of geographical information It

brings together 59 members from 47

countries across Europe

FI Finland EU Member State

FR France EU Member State

GUI Graphical User

Interface

HR Croatia EU Member State

274 279

Acronym or

Abbreviation

Term Meaning

HU Hungary EU Member State

ID Identifier Name that identifies a unique object

IE Ireland EU Member State

IMOLA Interoperability

MOdel for

Landregisters

IMOLA projectrsquos objectives are to

bull Describe information from land

registers and

other key registers in a semantic model

bull Design IT infrastructure for

interoperability

suitable for all Member States

bull Define a standard Land Registry Doc in

XML

bull Develop a set of web service

bull Optional Pilot prototype of standard

document and application

INSPIRE Infrastructure for

Spatial

Information in the

European

Community

The INSPIRE directive came into force

on 15 May 2007 and will be

implemented in various stages with full

implementation required by 2019

The INSPIRE directive aims to create a

European Union spatial data

infrastructure This will enable the

sharing of environmental spatial

information among public sector

organisations and better facilitate public

access to spatial information across

Europe

ISFT Intrasoft

IT Italy EU Member State

JHA Justice and Home

Affairs

Justice and Home Affairs the former

name for a pillar of the European Union

JRC Directorate-

General Joint

Research Centre

JUST Directorate-

General Justice

KEN Knowledge

Exchange

Network

Knowledge Exchange Networks bring

together experts from the national

mapping and cadastral agencies to

provide forums for the exchange of best

practice and to discuss the day-to-day

issues facing all national mapping and

cadastral agencies

LARESDA LAnd REgisters

and Spatial Data

LARDESDA projectrsquos objectives are to

bull Describe information from land

registers and cadastral registrations

which are focused on spatial and non-

legal aspects

275 279

Acronym or

Abbreviation

Term Meaning

bull Study link between descriptive parcel

and the spatial parcelpolygon

(harmonisation)

bull Prepare guidelines on how to include

spatial data in the registration process

bull Develop a Land Property Document

with information originating from land

registers cadastral registrations and other

base registers (tax zoning etc)

bull Optional prototype of standard

document and map search with ELF-

functionality

LR Land Register The land register is a public register of

deeds and rights concerning real

property Depending on the legal system

it may be a register of deeds or a register

of titles Under the system based on the

registration of deeds it is the deed itself

that is registered A deed is a record of a

particular transaction and serves as

evidence of this specific agreement but it

is not itself a proof of the legal right of

the transacting parties to enter into and

consummate the agreement Under the

alternative system based on the

registration of title this process of tracing

the chain of deeds is unnecessary Title

registration is itself a proof of ownership

and its correctness is usually guaranteed

and insured by the State47

LT Lithuania EU Member State

LU Luxembourg EU Member State

LV Latvia EU Member State

MS (EU) Member

State(s)

MT Malta EU Member State

NL Netherlands EU Member State

PCC Permanent

Committee on

Cadastre in

European Union

PCC is the international organisation that

joins together the Cadastral Institutions

of the countries of the European Union

The PCC mission is to create an adequate

space in which to promote the full

awareness of the activities developed by

the European Union and the Member

States related with Cadastre and by

means of this information to develop

strategies and propose common

initiatives with the aim of achieving

276 279

Acronym or

Abbreviation

Term Meaning

greater coordination among the different

European cadastral systems and their

users

PL Poland EU Member State

POC Point of Contact

QA QC Quality

AssuranceQuality

control

RO Romania EU Member State

SE Sweden EU Member State

SEPA Single Euro

Payment Area

SI Slovenia EU Member State

SK Slovakia EU Member State

SOA Service-oriented

architecture

Service-oriented architecture (SOA) is a

software design and software architecture

design pattern based on distinct pieces of

software providing application

functionality as services to other

applications This is known as service-

orientation It is independent of any

vendor product or technology

SOAP Simple Object

Access Protocol

Protocol specification for exchanging

structured information in the

implementation of web services in

computer networks

SPOC Single Point of

Contact

TM Topographic

mapping

UIS Unisys

UK United Kingdom EU Member State

277 279

4142 Architecture overview (Part II)

Term Definition

Asynchronous

call

In computer science an asynchronous call is a form of input

processing that permits other processing to continue before the

execution is finished

See httpenwikipediaorgwikiAsynchrony for more information

Backward

compatibility

In computing a product or technology is backward compatible if it

can work with input generated by an older product or technology such

as a legacy system If products designed for the new standard can

receive read view or play older standards or formats then the

product is said to be backward-compatible

See httpenwikipediaorgwikiBackward_compatibility for more

information

Big-Bang Big bang is the adoption type of the instant changeover when

everybody associated with the new system moves to the fully

functioning new system on a given date

See httpenwikipediaorgwikiBig_bang_adoption for more

information

ECAS ECAS is the European Commission Authentication Service It is a

common authentication system allowing for a single sign on to be

used across a large number of European Commission websites

Enterprise

Service Bus

An enterprise service bus (ESB) is a software architecture model used

for designing and implementing communication between mutually

interacting software applications in a service-oriented architecture

(SOA) As a Software Architectural Model for distributed computing

it is a specialty variant of the more general client server model and

promotes agility and flexibility with regards to communication

between applications Its primary use is in enterprise application

integration (EAI) of heterogeneous and complex landscapes

See httpenwikipediaorgwikiEnterprise_service_bus for more

information

Greenfield Greenfield is a project or generally action that lacks any constraints

imposed by prior work

See httpenwikipediaorgwikiGreenfield_project for more

information

Professional

capacity

certification

The act of identifying and certifying an individualrsquos profession

Reference

Implementation

A reference implementation is in general an implementation of a

specification to be used as a definitive interpretation for that

specification

See httpenwikipediaorgwikiReference_implementation for more

information

Semi-centralised

interconnection

A deployment topology where parts of the systemrsquos functions are

hosted centrally and other parts are deployed in remote nodes

SOAP SOAP originally defined as Simple Object Access Protocol is a

protocol specification for exchanging structured information in the

implementation of web services in computer networks It relies on

278 279

Term Definition

XML Information Set for its message format and usually relies on

other application layer protocols most notably Hypertext Transfer

Protocol (HTTP) or Simple Mail Transfer Protocol (SMTP) for

message negotiation and transmission

See httpenwikipediaorgwikiSOAP for more information

Star topology A Star topology is one of the most common computer network

topologies In its simplest form a star topology consists of one central

switch hub or computer which acts as a conduit to transmit messages

between other nodes

See httpenwikipediaorgwikiStar_network for more information

Synchronous

call

In computer science a synchronous call is a form of input processing

that blocks other processing from taking place until the execution is

finished

X509 In cryptography X509 is an ITU-T standard for a public key

infrastructure (PKI) and Privilege Management Infrastructure (PMI)

X509 specifies amongst other things standard formats for public key

certificates certificate revocation lists attribute certificates and a

certification path validation algorithm

See httpenwikipediaorgwikiX509 for more information Table 1 ndash Terminology

End of LR-QTM-01-FR-REP-001

279 279

DS

-01

-15

-02

2-E

N-N

doi 102838711978

  • Revision History
  • Table of Contents
  • List of Figures
  • List of Tables
  • Executive summary
    • Context and scope
    • Business Analysis
      • State of Play
      • Way Forward
        • Architecture overview
          • Portal develops its own solution
          • Portal interconnects EULIS portal and Member State registers
          • Portal integrates and extends the EULIS platform
            • Handling Payments
              • 1 Part I Business Analysis Report
                • 11 Introduction
                  • 111 Background
                    • 1111 European e-Justice Portal
                    • 1112 Land registers in Europe ndash a fragmented picture
                      • 112 Study objectives
                      • 113 Understanding of lsquoLand Register interconnectionrsquo
                      • 114 Methodology and approach
                        • 1141 Desktop research
                        • 1142 Use of Questionnaires
                        • 1143 Visits and interviews
                        • 1144 Expert meeting
                        • 1145 Business analysis report
                            • 12 State of Play
                              • 121 Relevant Actors
                              • 122 Recent developments
                                • 1221 ELRN IMOLA and CROBECO projects
                                • 1222 EULIS LINE project
                                • 1223 INSPIRE Directive and related networks
                                  • 123 Land Data Specificities in EU Member States
                                    • 1231 National establishments for land data registration
                                    • 1232 On-line availability and level of digitisation
                                    • 1233 Land register and cadastre
                                    • 1234 Title vs Deeds
                                    • 1235 Data availability
                                    • 1236 Search capability
                                    • 1237 Language
                                    • 1238 Legal value of provided information
                                    • 1239 Registration and authentication process
                                    • 12310 Access constraints
                                    • 12311 Payment methods
                                    • 12312 Rules and procedures for data updating
                                    • 12313 Participation in a possible pilot project
                                        • 13 Business requirements
                                          • 131 Processing of data
                                          • 132 No digital information or off-line information only
                                          • 133 Data distribution
                                          • 134 Scope and format of data
                                          • 135 Land register data vs cadastre data
                                          • 136 User authentication
                                          • 137 Data protection
                                          • 138 Complement to provided information
                                          • 139 Translation
                                          • 1310 Payment system
                                          • 1311 System implementation
                                            • 14 The way forward
                                              • 141 Phase 1 of Land Registers Interconnection
                                                • 1411 Legal diversity
                                                • 1412 Linguistic diversity
                                                • 1413 Registration of Users (Phase 1)
                                                • 1414 Towards a common search form
                                                • 1415 Personal data protection
                                                • 1416 Legitimate interest
                                                • 1417 Paymentproof of payment
                                                • 1418 Receiving a response
                                                  • 14181 Providing a response
                                                  • 14182 Understanding the content
                                                  • 14183 Understanding the legal value and possible use of the response
                                                    • 1419 Land Registers Interconnection platform
                                                    • 14110 Implementation of a Phase 1 pilot system
                                                    • 14111 Land Registers Interconnection as a test platform
                                                      • 142 Phase 2 of Land Registers Interconnection
                                                      • 143 Functionalities summary ndash progressive implementation
                                                        • 1431 Phase 1 functionalities
                                                        • 1432 Phase 2 functionalities
                                                          • 144 Alternative improving the Portal information (national pages)
                                                              • 2 Part II Architecture Overview
                                                                • 21 Introduction
                                                                  • 211 Purpose
                                                                  • 212 Scope
                                                                  • 213 Intended Audience
                                                                  • 214 Overview of the document
                                                                    • 22 Information System Description
                                                                      • 221 Information System Position Statement
                                                                        • 23 Compliance
                                                                          • 231 Data Protection Compliance
                                                                            • 24 Architecture Overview
                                                                              • 241 Architectural Goals
                                                                              • 242 Architecture Decisions
                                                                                • 2421 Architecturally Significant Requirements
                                                                                • 2422 Architectural Constraints
                                                                                • 2423 General Findings and Recommendations
                                                                                  • 24231 Architectural Decision AD-001
                                                                                  • 24232 Architectural Decision AD-002
                                                                                  • 24233 Architectural Decision AD-003
                                                                                  • 24234 Architectural Decision AD-004
                                                                                  • 24235 Architectural Decision AD-005
                                                                                  • 24236 Architectural Decision AD-006
                                                                                  • 24237 Architectural Decision AD-007
                                                                                      • 243 Architecture Overviews
                                                                                        • 2431 Alternative 1 The European e-Justice Portal develops its own solution for interconnection
                                                                                          • 24311 Proposed solution overview for alternative 1
                                                                                          • 24312 Key concepts of alternative 1 proposed solution
                                                                                          • 24313 Implementation notes of alternative 1
                                                                                            • 2432 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                              • 24321 Proposed solution overview for alternative 2
                                                                                              • 24322 Key concepts of alternative 2 proposed solution
                                                                                                • 2433 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                  • 24331 EULIS lsquoas-isrsquo view
                                                                                                  • 24332 Proposed solution overview for alternative 3
                                                                                                  • 24333 Key concepts of alternative 3 proposed solution
                                                                                                    • 25 Work packages and effort estimation
                                                                                                      • 251 Alternative 1 the European e-Justice Portal develops its own solution for interconnection
                                                                                                        • 2511 Overview
                                                                                                        • 2512 Description
                                                                                                          • 252 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                                            • 2521 Overview
                                                                                                            • 2522 Description
                                                                                                              • 253 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                                • 2531 Overview
                                                                                                                • 2532 Description
                                                                                                                    • 26 Implementation roadmap
                                                                                                                    • 27 Strengths and weaknesses of the alternatives
                                                                                                                    • 28 Performance and volumetric estimations
                                                                                                                    • 29 Re-usable architectural assets
                                                                                                                      • 3 Part III Proposals for handling payments
                                                                                                                        • 31 Introduction
                                                                                                                          • 311 Purpose
                                                                                                                          • 312 Scope
                                                                                                                          • 313 Intended Audience
                                                                                                                          • 314 Overview of the document
                                                                                                                            • 32 Introduction to payment systems
                                                                                                                              • 321 Definition of a payment system
                                                                                                                              • 322 Types of payment service providers
                                                                                                                                • 33 Payment solution overview
                                                                                                                                  • 331 Solution goals
                                                                                                                                  • 332 Key findings
                                                                                                                                  • 333 Significant solution requirements
                                                                                                                                    • 34 Proposed payment solutions
                                                                                                                                      • 341 Logical solution design
                                                                                                                                        • 3411 Design overview
                                                                                                                                        • 3412 Design significant concepts
                                                                                                                                          • 342 Physical payment solutions
                                                                                                                                            • 3421 Solution 1 Usage of existing payment systems
                                                                                                                                              • 34211 Description
                                                                                                                                              • 34212 Mapping to logical solution
                                                                                                                                                • 3422 Solution 2 Mutual-trust model
                                                                                                                                                  • 34221 Description
                                                                                                                                                  • 34222 Mapping to logical solution
                                                                                                                                                    • 3423 Solution 3 Central payment services provider
                                                                                                                                                      • 34231 Description
                                                                                                                                                      • 34232 Mapping to logical solution
                                                                                                                                                        • 3424 Strengths and weaknesses of the proposed solutions
                                                                                                                                                          • 4 Annexes
                                                                                                                                                            • 41 List of national land registers and their organisation
                                                                                                                                                            • 42 Title vs deed systems
                                                                                                                                                            • 43 Summary of data analysis
                                                                                                                                                            • 44 Detailed comparison tables
                                                                                                                                                              • 441 Parcel address and ID
                                                                                                                                                              • 442 Property coordinates and map
                                                                                                                                                              • 443 Owner
                                                                                                                                                              • 444 Known encumbrances
                                                                                                                                                              • 445 Purchase price
                                                                                                                                                                • 45 Language
                                                                                                                                                                • 46 Usage costs and payments methods per Member State
                                                                                                                                                                • 47 Overview of Member Statesrsquo memberships
                                                                                                                                                                • 48 Member States profiles
                                                                                                                                                                  • 481 AT
                                                                                                                                                                  • 482 BE
                                                                                                                                                                  • 483 BG
                                                                                                                                                                  • 484 CY
                                                                                                                                                                  • 485 CZ
                                                                                                                                                                  • 486 DE
                                                                                                                                                                  • 487 DK
                                                                                                                                                                  • 488 EE
                                                                                                                                                                  • 489 EL
                                                                                                                                                                  • 4810 ES
                                                                                                                                                                  • 4811 FI
                                                                                                                                                                  • 4812 FR
                                                                                                                                                                  • 4813 HR
                                                                                                                                                                  • 4814 HU
                                                                                                                                                                  • 4815 IE
                                                                                                                                                                  • 4816 IT
                                                                                                                                                                  • 4817 LT
                                                                                                                                                                  • 4818 LU
                                                                                                                                                                  • 4819 LV
                                                                                                                                                                  • 4820 MT
                                                                                                                                                                  • 4821 NL
                                                                                                                                                                  • 4822 PL
                                                                                                                                                                  • 4823 PT
                                                                                                                                                                  • 4824 RO
                                                                                                                                                                  • 4825 SE
                                                                                                                                                                  • 4826 SI
                                                                                                                                                                  • 4827 SK
                                                                                                                                                                  • 4828 UK
                                                                                                                                                                    • 48281 England and Wales
                                                                                                                                                                    • 48282 Scotland
                                                                                                                                                                    • 48283 Northern Ireland
                                                                                                                                                                        • 49 Interview Reports
                                                                                                                                                                          • 491 Interview with EULIS
                                                                                                                                                                          • 492 Interview with ELRA
                                                                                                                                                                          • 493 Interview with France
                                                                                                                                                                            • 4931 Overview of the LR situation in France
                                                                                                                                                                            • 4932 Situation in AlsaceMoselle
                                                                                                                                                                            • 4933 The processing of requests
                                                                                                                                                                            • 4934 List of national land registers and their organisation
                                                                                                                                                                            • 4935 Title vs deed systems
                                                                                                                                                                            • 4936 Land register data comparison tables
                                                                                                                                                                              • 49361 Parcel address and ID
                                                                                                                                                                              • 49362 Property coordinates and map
                                                                                                                                                                              • 49363 Owner
                                                                                                                                                                              • 49364 Known encumbrances
                                                                                                                                                                              • 49365 Purchase price
                                                                                                                                                                              • 49366 Language
                                                                                                                                                                              • 49367 Usage costs and payments methods per MS
                                                                                                                                                                                • 4937 Summary
                                                                                                                                                                                    • 410 Common Communication Protocol sample scenarios
                                                                                                                                                                                      • 4101 Sample scenarios
                                                                                                                                                                                      • 4102 Scenario I Professional capacity certification not required
                                                                                                                                                                                      • 4103 Scenario II Professional capacity certification required
                                                                                                                                                                                        • 411 Consolidated responses of Member States to questionnaire 3
                                                                                                                                                                                        • 412 Consolidated responses from questionnaire nr 3
                                                                                                                                                                                        • 413 Reference and applicable documents
                                                                                                                                                                                          • 4131 Business analysis report (Part I)
                                                                                                                                                                                            • 41311 Applicable documents
                                                                                                                                                                                            • 41312 Legal and political reference documents
                                                                                                                                                                                            • 41313 Land data reference documents
                                                                                                                                                                                            • 41314 Links
                                                                                                                                                                                              • 4131 Architecture overview and Proposals for handling payments (Part II and Part III)
                                                                                                                                                                                                • 414 Terminology
                                                                                                                                                                                                  • 4141 Business analysis report (Part I)
                                                                                                                                                                                                  • 4142 Architecture overview (Part II)
Page 4: DG Justice - knjiznica.sabor.hr

4 copy European Union 2014

Abstract

This document is the outcome of the European Commissionrsquos study lsquoEuropean e-

Justice Portal Land Registers Interconnection - Feasibility and Implementation

analysisrsquo It presents the results of a business and a technical study that together forms

the preliminary work toward building a land register interconnection in the European

e-Justice Portal The business study report contains a consolidated view of the land

register landscape in the 28 Member States and their analysis as far as interconnection

aspects are concerned The technical part provides an overview of potential

architecture solutions for such an interconnection Finally the document presents

different possibilities for handling payments

Authors iLICONN Consortium

Rudolf De Schipper

Patrice-Emmanuel Schmitz

Piotr Danowski

Giedre Kazlauskaite

Pedro Torrinha

Nicholas Yialelis

Panagiotis Athanasiou

Version

107

Date

14102014

Disclaimer

This report has been prepared for the European Commission by partners of the

iLICONN consortium (Unisys Corporation and Intrasoft International) It reflects

views only of the authors and the Commission cannot be held responsible for any use

which may be made of the information contained therein

Revision History

Version Author Description

105 iLICONN Original Version

106 iLICONN Clarification regarding EULIS project in sections 121

Relevant Actors and 1222 EULIS LINE project

107 European

Commission

Final revision prior to the publication

5 copy European Union 2014

Table of Contents

Revision History 4

Table of Contents 5

List of Figures 6

List of Tables 7

Executive summary 8

Context and scope 8

Business Analysis 9

Architecture overview 12

Handling Payments 15

1 Part I Business Analysis Report 17

11 Introduction 17

12 State of Play 23

13 Business requirements 38

14 The way forward 44

2 Part II Architecture Overview 61

21 Introduction 61

22 Information System Description 63

23 Compliance 63

24 Architecture Overview 64

25 Work packages and effort estimation 92

26 Implementation roadmap 104

27 Strengths and weaknesses of the alternatives 107

28 Performance and volumetric estimations 111

29 Re-usable architectural assets 112

3 Part III Proposals for handling payments 113

31 Introduction 113

32 Introduction to payment systems 115

33 Payment solution overview 117

34 Proposed payment solutions 121

4 Annexes 134

41 List of national land registers and their organisation 134

42 Title vs deed systems 145

43 Summary of data analysis 147

44 Detailed comparison tables 152

45 Language 178

46 Usage costs and payments methods per Member State 179

47 Overview of Member Statesrsquo memberships 185

48 Member States profiles 190

49 Interview Reports 239

410 Common Communication Protocol sample scenarios 251

411 Consolidated responses of Member States to questionnaire 3 255

412 Consolidated responses from questionnaire nr 3 265

413 Reference and applicable documents 266

414 Terminology 270

6 copy European Union 2014

List of Figures

Figure 1 Summary of functionalities per suggested approach 12

Figure 2 On-line availability 27

Figure 3 Titles vs Deeds in Member States 29

Figure 4 Data availability in Member States 30

Figure 5 Parameters availability in Member States 31

Figure 6 Searches capabilities 31

Figure 7 Available searches in Member States 32

Figure 8 Access to users from other EU Member States 34

Figure 9 Access fee 35

Figure 10 Payment method 36

Figure 11 Member Statesrsquo willingness to participate in the pilot 37

Figure 12 Example of declaration of legitimate interest 49

Figure 13 Implementation process 54

Figure 14 Portal search links 57

Figure 15 Example from the EnglandWales website 58

Figure 16 Alternative 1 Architecture Overview 81

Figure 17 Alternative 2 Architecture Overview 87

Figure 18 EULIS as-is overview 88

Figure 19 Alternative 3 Architecture Overview 90

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1 94

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1 95

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1 96

Figure 23 Work packages and deliverables of alternative 2 100

Figure 24 Work packages and deliverables of alternative 3 102

Figure 25 Proposed LRI implementation roadmap 106

Figure 26 Logical payment solution overview 122

Figure 27 Summary of data analysis 151

Figure 28 Scenario I Overview 252

Figure 29 Scenario II Overview 254

7 copy European Union 2014

List of Tables

Table 1 Member States selected for interviews or visits (criteria) 21

Table 2 Architecture significant requirements 65

Table 3 Architecture constraints 66

Table 4 General architectural findings and recommendations 68

Table 5 Key concepts of alternative 1 architecture overview 85

Table 6 Key concepts of alternative 2 architecture overview 87

Table 7 Key concepts of alternative 3 architecture overview 91

Table 8 Effort estimates in man-months for the implementation of Alternative 1 99

Table 9 Effort estimates in man-months for the implementation of Alternative 2 101

Table 10 Effort estimates in man-months for the implementation of Alternative 3 104

Table 11 Strengths and weaknesses summarisation for all alternatives 110

Table 12 Volumetric estimations 112

Table 13 Key findings 119

Table 14 Solution requirements 121

Table 15 Key concepts of the payment solution design 125

Table 16 Mapping key concepts to solution 1 127

Table 17 Mapping key concepts to solution 2 129

Table 18 Strengths and weaknesses comparison 133

Table 19 List of National land registers 144

Table 20 Titles and deeds systems 146

Table 21 Parcel address and ID 159

Table 22 Property coordinates and map 165

Table 23 Ownership 169

Table 24 Known encumbrance 173

Table 25 Purchase price 177

Table 26 Member States Registers language 179

Table 27 Registers usage costs 185

Table 28 Member State membership 189

Table 29 Consolidated view of payment instruments and volumes per Member State

265

8

Executive summary

Context and scope

The EU Member states have developed property registration systems generally known as

lsquoLand Registersrsquo as from the beginning of the 19th

century The majority of systems are

based on title registration granting the owner with a valid property title In a minority of

cases a deed registration system maintains a chain of authentic documents property

evidence results from that chain The two forms of registration are sometimes combined

Due to technical evolution and administrative simplification some Member States manage

their land registers together with the cadastre New technologies have been applied to both

land registers and cadastre paper files were migrated to computers documents were

scanned allowing for a central storage of digital copies and new lsquoterritorial informationrsquo

such as electronic pictures or multi-layered maps were added Property related

information has however diverse origins and thus different legal value throughout the EU

for example a snapshot picture or a map could not serve as property title evidence but

will be precious for assessing the possible economic value of this property

The quality of justice requires efficient and rapid access to legal information that citizens

and justice professionals need to know This includes obtaining when necessary reliable

information on property rights of citizens and enterprises and verifying whether the

registration of these rights is valid for example prior purchasing or selling a property

Public authorities and professionals including notaries geometers lawyers and credit

institutions need to have access to land registers across Europe

In order to examine different ways of providing cross-border access to land data the

European Commission (EC) DG Justice (DG JUST) has contracted the iLICONN

consortium1 to conduct the present feasibility study

2 that should inform a decision on

whether or not a Land Registers Interconnection (LRI) will be developed for inclusion in

the European e-Justice Portal (hereinafter the Portal or lsquoEJPrsquo)3

lsquoLand Registerrsquo (LR) is used in its broadest meaning a national (or regional if no national

file exists) electronic information source providing access to relevant land property data

lsquoInterconnectionrsquo means searching and obtaining such land data from registers managed

by participating Member States

1 The iLICONN consortium was formed by Unisys Belgium (leader) Intrasoft international Ltd and

Bilbomatica Ltd 2 As a feasibility study the scope of the present report does not include any new assessment of the need for

LRI (for example resulting from existing or proposed EU legal instruments) the implementation of LRI was

decided by Member States and by EU authorities as part of the e-Justice action plan 3 Available at httpse-justiceeuropaeu

9

The study has three main parts

The business part analyses land register specificities in the 28 Member States and

proposes a potential way forward for a possible LRI

The technical part provides an overview of potential architecture solutions for such an

interconnection

The last part explores possibilities for handling payments when a fee is introduced for

accessing data

The three parts are summarised hereafter It is worth noting that according to the study

findings functionalities similar to the ones needed for a possible LRI could be reused in

other projects managed by the European Commission such as a common payment system

or an authorisation system which takes professional capacity certification into account

Business Analysis

State of Play

In order to obtain an overview of the state of play information on national land registers

and their organisation was collected and updated Apart from national authorities a

number of international actors (ELRA EULIS PCC EuroGeographics CLGE) were

identified and relevant developments were described

The analysis highlighted the fragmentation of land data sources It showed that different

systems may co-exist in one Member State Also the analysis revealed that land data

could be distributed across lsquoproperty rights oriented systemsrsquo and lsquoland description

oriented systemsrsquo (cadastre) or that several registers may exist depending on

regionalfederal or administrative fragmentation

Several key findings were drawn from the lsquostate of playrsquo analysis

Two types of property registration systems exist the lsquodeed recording systemrsquo

based on the record of relevant authentic documents and the lsquotitle registration

systemrsquo enabling the provision of evidence regarding property titles A majority of

Member States (17) have a title system or both systems (when they migrated from

a previous deed system) while a minority (11) has a deed system only

Nearly all systems (except one) are digitalised and the majority (23) may be

accessed on-line

4 land property data categories were considered as the most useful for searching

information and 7 were considered as the most useful information to receive in a

response 67 of existing systems are ready for accepting these queries and 81

of them could already provide such information

In most Member States on-line access to land data require user registration

Most systems (22) require some payment to be handled by cards or performed in a

form of prepayment or subscription

Considering the commonalities 52 of Member States volunteer to participate to

a pilot project introducing a first phase of LRI Others are open to discussion or

wish to delay their participation

10

Business Requirements

A one-stop-shop (the Portal as a single European address) a common query form

(available in the language selected by the portal user) and a minimal set of

common query fields are the most immediate benefits (and requirements) of a

common LRI platform

Standard user authentication would be a key advantage in such a platform in the

first phase for handling payments according to interoperable methods and for

obtaining global invoices related to the use of the LRI service

When required the query form must be complemented by a declaration of

legitimate interest (multiple choice pre-filled forms complemented by relevant

information about the user)

Once the query is forwarded to the relevant point of contact in Member States the

way of processing the query will remain dependent on each system on-line when

possible or asynchronous answers sent by mail (e-mail) when the answer or the

certificate must be checkedvalidated by the relevant administration

Before submitting the query and when receiving the answer the user must receive

detailed informationdisclaimers on the legal value and possible use of data

The property data needs to be complemented when available by lsquoland

descriptiveterritorial informationrsquo which is useful for determining the interest or

economic value of a property The previous experience gained from the EULIS

project has proved that having an LRI that is augmented by information on the

boundaries of a parcel of land is a need expressed by citizens and professionals

Translation must be as complete as possible (however compatible with possible

liability and technical possibilities) It could be proposed as an option (imposing a

certain fee)

The LRI platform must ultimately facilitate authentication of administration and

professional users across the EU for determining specific access rights

Way Forward

The possible way forward includes two phases which according to the e-Justice strategy

Member States will be able to follow on a voluntary basis

Phase 1 could be introduced by a pilot project (with a limited number of Member States)

and would be extended to other Member States as soon the solution is developed

implemented and tested successfully No issue related to personal data protection should

arise in this respect Phase 1 would address the following questions

Solving the legal diversity by preparing standard clarification about the legal value

and possible use of provided data

Reducing language issues by translating fixed labels proposing multiple choice

pre-filled forms (eg for reporting a legitimate interest) and standard disclaimers as

well as by implementing a glossary

Implementing a uniform registration process (targeted to all users without

providing specific access rights)

Building a common search form complemented with optional fields and a

declaration of legitimate interest

Providing standard and uniform paymentinvoicing facilities

11

Phase 2 would include a progressive assignment of specific access rights to professional

users including members of other Member Statesrsquo administrations The process would

depend on the possibility to interconnect with national authorities entitled to certify such

professional use Phase 2 would also be focused on migrating when possible from

asynchronous answers to on-line answers reducing the administrative burden and costs of

human intervention

As an alternative those Member States that are not ready at this stage to participate in the

LRI platform could improve the delivery of land register information by implementing

(from their own page on the Portal) a direct link to their system and proposing a standard

query form (at least in English) as well as an optional translation service (for a certain

fee)

The disadvantages of such an alternative approach would be

No common user registration (users must process registration in each Member

State meaning that an additional registration form should be provided)

No common platform to present on-line results each Member State must translate

its own interface or send the answer in an asynchronous way

Translation issues are not facilitated globally (with a common platformglossary)

No interoperable payment systemprepayment on a common virtual

bankglobalisation of invoices would be available

No interoperable evolution towards Phase 2 would be possible (interconnecting all

relevant certification authorities for assigning rights to professional users)

The following figure provides a summary of the different functionalities pre-supposed by

the suggested approach

Current EULIS

Registration ndash making it possible for users to get registered (simple

registration evolution of the current one ndash target use of the

payment system)

Present but at

each LR level

Improvement of static information ndash all interconnected registers

have to clarify what information should be provided to users and

what the legal value of the information is

Present but there

is room for

improvement

Search ndash the core use case of the system responsible for the

execution of searches display of relevant disclaimers information

about land data cost of the search(es) and the final response(s) The

search form must be complemented by the declaration of legitimate

interest when requested

Lack of standard

presentation

form including

all requirements

Translation of all fixed fields titles labels multiple choice pre-

filled forms legal value of information ndash in search and response

forms

Present if

implemented

nationally only

Glossary ndash a multilingual taxonomy or LR terminology and

highlighting lsquoglossary termsrsquo in portal information

Limited

coverage ndash to be

taken over and

Phase 1 (and pilot)

12

improved

Payment ndash allowing submitting payment (pre-paidsubscription or

post-paid) and maintaining for each user its payment

historyaccountinginvoices

National

payments used

Disclaimersrsquo management ndash enabling the management of

disclaimers information about land data and their translation into

all EU languages

Present in

English only

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisations to certify users according to their profession (building a

lsquocircle of trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs

Access management ndash allowing Member States to authorise access to the LR data

based on the requestorrsquos profession

Provision of at least the information on lsquohow and where to submit a queryrsquo on national

(Member Statesrsquo) pages of the Portal

Provision of a basic query form (and a registration form when applicable) in English in

addition to the national language(s)

Validation of the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line the

answer being provided after some time (needed for checking conditionsverification

etc) Figure 1 Summary of functionalities per suggested approach

Architecture overview

Three main alternatives were analysed

Portal develops its own solution

Portal interconnects EULIS and Member State registers

Portal integrates and extends the EULIS platform

Each of these options is described further below

Portal develops its own solution

The total effort required to build and deploy this solution in man-months has been

estimated to be 68 for DG Justice and 6 for each participating Member State

Phase 2

Alternative improving the Portal information

13

Strengths

Complete functional capabilities due to the fact that alternative 1 has been

designed whilst keeping in mind the wide scope of LRI it offers the most complete

set of functionalities allowing flexible search queries to one or more participants

integrating dynamic authorisation schemes provision of responses to search results

and facilitating direct payments from LRI end users to LRI participants

High degree of flexibility The proposed solution for alternative 1 has been

designed so that several aspects which are difficult to address immediately or may

change in the future are abstracted Doing so allows adding further capabilities

(such as certifying professionals using a service provided by a competent

authority)

Potential for expansion The design of the solution allows future expansions as the

information exchanged between LRI participants and the EJP is formally

structured and may be further processed or enhanced according to business needs

An example of this potential is the automatic translation of labels and pre-defined

terms A further development that would leverage existing EJP facilities could be

the complete translation of the information exchanged using machine or manual

translation

Weaknesses

Effort required Evidently this alternative requires more effort than integrating

and re-using EULIS (see also Alternative 3) in order to be analysed and deployed

Previous investment underutilised Given that in Alternative 1 EULIS is not

utilised the investment already made by Member States integrated in this platform

will be underutilised

High complexity The findings of this feasibility study although not detailed to the

level of enabling the immediate production of an actual LRI system have shown

that a variety of subjects (such as the certification of professional capacity) may

prove to be much more difficult than anticipated in terms of analysis as well as

implementation Thus the effort estimated for implementing alternative 1 may

change depending on the findings of further analysis

Portal interconnects EULIS portal and Member State registers

The total effort required to build and deploy this solution in man-months has been

estimated to be 78 for DG Justice and 7 for each participating Member State

Strengths

Combined benefits A close observation of the strengths and weaknesses of

alternatives 1 and 3 shows that they are essentially opposites as the strengths of

one solution are effectively the weaknesses of the other Thus given that this

alternative is designed as a combination of alternatives 1 and 3 it combines their

strengths and manages to diminish some of their weaknesses especially the ones

related to the business and functional capabilities as well as the underutilisation of

the investment already made by Member States in EULIS

Weaknesses

14

Effort required As shown already in the effort estimates presented in this

document (see also alternative 1 and alternative 3 effort estimations) this

alternative requires the highest effort requirement for to roll-out

High complexity Although technically possible the integration of the two

different interconnection approaches may in the future impose constraints in the

overall LRI service provided by the EJP This is true currently since some of the

functionalities offered by the proposed LRI standard cannot be supported by the

EULIS platform without revising it Furthermore DG JUST will have to maintain

two separate service lines as the maturation of the proposed LRI standard may

bring additional services which further diverge from the current EULIS proposal or

it may be the case that further developments in the EULIS platform impose new or

revise existing requirements for integrating it with EJP

Portal integrates and extends the EULIS platform

The total effort required to build and deploy this solution in man-months has been

estimated to be 49 for DG Justice and 11 for each participating Member State

Strengths

Less effort required Evidently when compared with alternatives 1 and 2

following this approach requires less effort for analysis and development

Faster initial roll-out due to the fact that EULIS is already deployed and there are

already Member States participating in the interconnection it is expected that the

initial roll-out of alternative 3 should require less time than the other two

alternatives

Technology portfolio The components used to implement EULIS are conformant

with the technological landscape identified from the responses of the majority of

Member States (14) provided in Questionnaire n3

Weaknesses

Authentication model The current authentication model employed by EULIS is

based on the fact that a Land Register is capable of authenticating its own users

However this hypothesis is not valid for all Land Registers Eventually the

authentication model employed by EULIS will have to be revised in order to

approach the one proposed in alternative 1 so as to be able to scale on a pan-

European level hence requiring additional effort for developing this solution in the

long term

Fewer capabilities by its definition the model employed in EULIS imposes

certain restrictions on the capabilities that can be developed without altering the

platform to the point that it starts resembling alternative 1 For example the

certification of an end userrsquos professional capacity is not supported thus Land

Registers that require such a certification for providing basic or enhanced

information services will not be able to provide them

Asynchronous calls are not supported By definition search queries in EULIS are

executed in near-real time This constraint makes difficult the participation of off-

line registers and imposes an increase in the technical availability the LRI EULIS

peers

15

Handling Payments

The feasibility study has shown that

Member States employ a variety of payment models according to the type of user

The LRI solution should not change drastically the current way of payment and

impose minimal (if any) restrictions on supported payment models

The LRI solution should support at least Credit Transfer and Direct Debit as these

are the most popular payment instruments Given the new developments (most

Member States are currently in the process of changing their approach on payment

systems) it is also advisable to include cards as a payment instrument (straight-

through processing) but as far as possible to phase-out the cheque and cash

payments

The solution should support current international standards and provide a multi-

lingual interface

The solution should facilitate payments to multiple registers using a single

uniform process

Three options are proposed

Using existing payment systems as currently implemented by each register This

looks lsquosimplersquo and lsquolow costrsquo to develop but in most cases the Portal users will not

be able to group services from multiple registers (in a single shopping basket) and

a single payment for all queries will not be possible Therefore it will be complex

for users

The lsquoMutual trust modelrsquo similar to the service offered in the EULIS platform

(which does not provide a payment system in itself but rather an accounting system

facilitating payments) The user will have to establish an account with a competent

authority and has various options

a Pay a monthly fee which allows to the user unlimited LRI access

b Pre-pay an amount which is used as credit for LRI consultations

c Pay nothing upfront but receive periodic bill for LRI consultations the user

has performed

This approach however bears certain difficulties mainly on its organisation and

set-up and subsequently on the technical level as it is required to identify one or

more organisations that can act as lsquocompetent authorityrsquo (ie be within its mandate

to accept payments or be billed for services performed by its accredited users) and

has the technical capacity to perform the task at hand

The central payment services provider which will handle complex transactions

across multiple accounts (Land Registers end users and other stakeholders like

the certification authorities) based on real use and using a common process Such

a service is expected to be provided by an external entity (providing the Payment

Services Platform) which will require compensation for the service offered The

way this solution is expected to work can be summarised as follows

a The user is presented with an invoice and payment options The invoice is

detailed and composed of information provided by multiple Land

Registers

16

b The money is initially transferred into a single bank account

c The payment system breaks down the amount received into small

transactions to each Land Register according to the price requested by

them for the services provided and in a pre-determined time frame (eg

once per month) each Land Registers receive payment for the exact

services they provide

17

1 Part I Business Analysis Report

11 Introduction

According to Articles 4 and 67 of the Treaty of the Functioning of the European Union

(TFEU)4 the European Union (EU) and the Member States have a shared competence for

the implementation of a common area of freedom security and justice (Art 4 and 67

TFEU) The quality of justice includes that justice professionals as well as other users

having a legitimate interest have access to the needed land data in other EU Member

States as well as in their home State Such interest may be illustrated by the need to check

if their own property is correctly registered determine succession rights establish

guarantees on properties abroad or execute court decisions

In order to examine different ways of providing cross-border access to land data the

European Commission DG Justice has contracted the iLICONN consortium to conduct the

present feasibility study that should inform a decision on whether or not a Land Registers

Interconnection will be developed for inclusion in the European e-Justice Portal

The study has four main tasks

Business part which provides analysis of core land data specificities in the 28

Member States of the EU in order to propose possible ways towards a more

consolidated approach for cross-border interconnection

Technical analysis aimed at examining the potential architectural solutions for

achieving the interconnection

Proposal for handling payment which investigates the possibilities for online

payments and looks into ways on how this should be implemented

Collection of business data for the definition of common templates for land data

excerpts

Part I of this report addresses the business part of the study The outcome of other study

parts (II ndash Technical alternatives and III ndash Proposals for handling payments ) were written

as separated reports but are summarised (in the Executive summary) and presented further

(in part II and III) in this feasibility study

4 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European

Community signed at Lisbon 13 December 2007 [OJ C 306 17122007 p1]

18

111 Background

1111 European e-Justice Portal

The decision to create a European e-Justice Portal was taken by the EU Member States at

the Council of the EU in June 2007 As reported in the e-Justice action plan5 the JHA

Council decided that work should be carried out with a view to developing at European

level the use of information and communication technologies (ICT) in the field of justice

particularly by creating a European portal

The e-Justice action plan has placed the European Commission in charge of creating the

technical web platform to allow the operational functioning of the Portal The platform

was set up and became operational as from 2009

The European e-Justice Portal could be defined as an electronic lsquotechnical platformrsquo and is

thus conceived as a future electronic one-stop-shop in the area of justice

The information pages of the Portal are open to everyone enabling anonymous visitors to

access read and when needed download Portal pages documents and forms However

the JHA Council has stated from the beginning that some of the Portalrsquos functionalities or

services should be reserved to authenticated users and to justice professionals As stated in

recital 32 of the action plan the Portal lsquowill permit by means of a uniform authentication

procedure to open up for members of the legal professions the various functionalities

reserved for them to which they will have differentiated access rights It should be

advisable to provide for such a possibility for authentication for non-professionals alsorsquo

The Portal is a work in progress In its initial phase it provided information on both the

EU and the national legal frameworks In a future phase it will allow for more interactions

and services to be used in the field of justice such as providing access to business

registers helping to find a lawyer or facilitating the set-up of trans-border video

conferences

1112 Land registers in Europe ndash a fragmented picture

In Europe two types of property registration systems were developed First the systems

with the double purpose of securing data with regard to the ownership of properties were

created which represents the interest of the owner and the potential buyer ndash thus all

citizens and justice in general Secondly the registration systems establishing a cadastre of

real estate tax payers were implemented for the benefit of the countryrsquos finances The

separation between these two approaches is however not always clear cut In addition due

to technological advancement land register information is now often complemented with

territorial information maps indication related to the type of land environmental

constraints plans related to possible future developments and actual pictures Such

5 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501) [OJ C 75 31032009 p 1]

19

territorial information does not have the same legal value before entering into a real estate

transaction or assessment (ie purchasing a property will management divorce etc)

Due to large cultural diversity and different legal traditions the methods of property title

registration differ considerably between groups of countries A first group of registers

could be called lsquoregisters of documentsrsquo (deed recording systems) The method is based

on the principle that unpublished or private documents cannot serve as evidence against

published or lsquoauthenticrsquo documents Those registers do not provide direct evidence of who

is the holder of a right but they keep trace of the chain of relevant documents and grant

priority to some documents above others This group includes civil law states such as

France (except some territories which acquired German influence) Belgium

Luxembourg Italy (except the autonomous province of Trento) and Romania

Another group of countries developed property registration systems (title registration

systems) According to this method a valid title for the acquisition of property is issued

provided that it is acquired in good faith These are registries of property rights (or titles)

This group comprises countries which follow the German law tradition Germany

Switzerland Poland Slovenia Austria Spain Portugal or Slovakia

It must be noted that with some specific common law particularities the registries of

England Scotland Ireland and Northern Ireland have also moved from previously used

deed systems to title registration systems

Against this background of diversity it is vital to ensure that the legal value of any cross-

border land register excerpt is clearly communicated Therefore each element of an

excerpt cannot be extracted and presented out of its jurisdictional context It must be

complemented by supporting information that guides the reader to understanding the legal

value the possible uses and the meaning of the communicated information

112 Study objectives

The main study objective is to provide a comprehensive analysis of the organisation and

content of land data in 28 EU Member States

The analysis should result in suggestions for possible ways to interconnect the land

registers in the scope of the e-Justice Portal The study should consider the results of the

previous studies and projects in the field More specifically the study should identify

National registers that contain land information their organisation within Member

States and their readiness for the interconnection (level of digitalisation and on-line

integration etc)

Potential implications due to the use of different registration systems (title v deed)

language payment methods the nature and structure of data including the

availability of searches

Relevant data protection rules and procedures that govern updating the land

information

Other elements that will have an impact on the proposed technical solution

20

The main output of the study is the present business analysis report which concludes with

suggesting a possible way forward for establishing cross-border access to land

information

113 Understanding of lsquoLand Register interconnectionrsquo

In the framework of this feasibility study the term lsquoLand Registerrsquo is used in its broadest

meaning a national (or regional if no national file exists) electronic information source

(file or lsquosystemrsquo) providing access to relevant land data Depending on the Member Statersquos

organisation the system could be legally categorised as lsquoLand Registerrsquo of property titles

or as a deeds system In some countries the system is known as lsquoCadastrersquo or maintained

by the cadastre it reports property information combined with information such as maps

country planning or environment

The lsquorelevant land datarsquo means the land parcel address property coordinates property ID

when available parcel ID in other cases owner parcel map encumbrances and price of

acquisition This subset of data (or most of it) is generally considered as minimum

information (taking into account that other data may be stored in addition to the above or

considered at later stage)

lsquoInterconnectionrsquo means that the study will assess whether when and according to which

conditions through the e-Justice Portal some users could be authorised to search and

access (view only and when possible obtain some documented evidence) relevant land

data from registers managed by participating Member States

114 Methodology and approach

The methodology used to conduct the business analysis included several steps which are

outlined further below

1141 Desktop research

This method included the review of the previous studies projects and other relevant

documentation in the field of cross-border access to land register information During this

phase the overview of relevant actors was prepared which allowed identifying the

stakeholders to be contacted in the course of the study

1142 Use of Questionnaires

This step consisted of collecting relevant information via study questionnaires from

stakeholders in 28 EU Member States Initial meetings with the European Land Registers

Association (ELRA) the European Land Information Service (EULIS) and the European

Location Framework (ELF) were organised these organisations provided input for the

preparation of questions Three questionnaires were disseminated to each of the Member

States via e-mail

Questionnaire 1 Identification ndash aimed at investigating the land registersrsquo organisational

structure as well as identifying the contact points for the relevant authorities The

questionnaire was distributed when using the initial list formed from contacts acquired

through DG Justice the European Land Registry Network (ELRN) and the EULIS

21

projects supplemented by the information provided by ELRA and the Permanent

Committee on Cadastre in EU (PCC)

Questionnaire 2 Business ndash had the objective of gathering information on land data

specificities in the 28 EU Member States in order to collect the requested elements of the

business analysis Amongst others questions on data completeness and availability of

searches legal value of information and payment methods were asked

Questionnaire 3 Technical ndash aimed at investigating the technological landscape and land

register capabilities across the EU The questions targeted the audience regarding possible

approaches with regard to the Land Registers Interconnection and potential candidate

platforms for performing on-line payments

Consolidated answers to Questionnaires 1 2 and 3 can be found in Section 2

1143 Visits and interviews

Following the receipt of responses to the Questionnaires several Member States were

chosen for conducting interviews The below table presents the selection criteria for

choosing Member States for interviews

Criteria EE ES FR IT SE NL

Large amount of properties

possessed by nationals from other

EU Member states

X X X

Expected issues X6 X

7

Collaboration with EULIS X X X

Implementation of payment system X X X X

Implementation of web-services X X

Presence of registration X X X

Table 1 Member States selected for interviews or visits (criteria)

The results of the interviews are aggregated with written answers in the Annexes8

6 Digitised system that requires human intervention 7 In France there are 354 property registers with no interaction between them Moreover there is no Internet

portal that allows public to consult these registers 8 Interviews reports have been annexed to this report

22

1144 Expert meeting

In the course of the study the European Commission DG Justice invited experts from EU

Member States to a discussion on the possible LRI on 19 May 2014 at the European

Commission Conference Centre in Brussels9 During the meeting the attendees were

invited to provide their input on the initial findings of the study

1145 Business analysis report

The analysis of the information collected during the study which included the initial

inventory of work answers to the Questionnaires feedback received during the on-line

interviews with the selected Member States and expert meeting as well as discussions with

relevant actors resulted in the present comprehensive business analysis report

9 ILICON consortium (2014) Land Registers Interconnection Minutes of Meeting General Justice 1st Sub-

Group Meeting 19th May 2014

23

12 State of Play

121 Relevant Actors

A number of key actors in the field of land data registration have been identified in the

course of the study Apart from the national authorities the overview of which is

presented in Section 1231 several European organisations are active in different areas

related to land registration and cadastre

European Land Registers Association (ELRA) is an association composed of

30 organisations representing the land registries of 22 EU Member States Its

mission is the development and understanding of the role of land registration in

real property and capital markets ELRA seeks to underline the significance of

Land Registries in Europe as juridical institutions and the scope of the effects of

registration pronouncements as a key tool for progress in the field of property

European Land Information Service (EULIS) is a European Economic Interest

Grouping (EEIG) governed by members each responsible for land and property

information in its own country or region It owns a service that provides easy

access to land and property information for professional customers in Europe It

is also a hub of information where one can find out about different land

registration conditions in each country EULISrsquo long-term mission is to underpin

a single European property market through cross border lending

Permanent Committee on Cadastre in European Union (PCC) is an

organisation that joins together the Cadastral Institutions of the EU Member

States The PCC mission is to promote the awareness of the activities related to

cadastre and to develop strategies with the aim of achieving better coordination

among the different European cadastral systems

EuroGeographics is a non-profit association consisting of the European

cadastre land registry and national mapping authorities It brings together 59

members from 47 countries across Europe Its mission is to further develop the

European Spatial Data Infrastructure through collaboration in the area of

geographical information The vision of the EuroGeographics is to achieve

lsquointeroperabilityrsquo of our Membersrsquo national land and geographic information

assets in order to provide Europe with an information asset that will support

its goal to become the most competitive and sustainable economy in the world

The Council of European Geodetic Surveyors (CLGE) is the leading

organisation representing the geodetic surveying profession in Europe It is

present in 35 European countries including the 28 EU Member States CLGE

promotes the interests of the profession in the EU and fosters its development in

the Council of European countries

All of the above organisations signed an agreement lsquoCommon Visionrsquo for cooperation on

cadastre and land registry issues10

10 EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo for cooperation

on cadastre and land registry issues

24

122 Recent developments

In the past years significant developments took place in the area of land registers

cadastres land data sharing and common standards These are briefly presented further

below

1221 ELRN IMOLA and CROBECO projects

The previously described ELRA association is the leader of three important projects in the

area of land data

The European Land Registers Network (ELRN) is composed of 22 ELRA

members from 19 EU Member States Each organisation appoints a land registry

officer expert in property rights and land registration as its contact point for the

Network The contact points will have the task to advise EU authorities judges

notaries and other legal professionals about how to draft documents in a way that

complies with local land registration law

The Interoperability MOdel for LAndregisters (IMOLA) project was launched

with the purpose of increasing the accessibility and transparency of land registry

information and to facilitate the registration of cross-border documents More

specifically the project aims at establishing a standard means of access to land

registry information creating a standard template for the presentation of land

registry information as well as providing support and training to Land Registrars

and others

The CROss Border Electronic COnveyancing (CROBECO) project aims to set

up a framework governing a conveyancing process for foreign buyers of real

estate The framework for such a process is described in a Cross Border

Conveyancing Reference Framework (CCRF) In the long term the CCRF could

be developed as a basis for optional generic European digital conveyancing rules

A follow-up project aims to implement the tools proposed in the CCRF

1222 EULIS LINE project

As mentioned before EULIS is an EEIG owning a platform (hardware software) which

provides online access to land and property information across Europe to meet the needs

of professional users - lenders conveyancers and other professional groups EULIS

members are divided into two groups

Members with full live service Austria Ireland Lithuania Netherlands Sweden

and Spain (6 countries that are all EU Member States)11

Members that are not or partly connected or that support the EULIS initiative and

have indicated that when conditions are more favourable they will connect Czech

Republic England and Wales Finland Macedonia and Scotland (5 regions or

countries noting that some are not EU Member States)

11 EULIS (2013) EULIS country table state of play November 2013 (Country table state of play update

Nov 2013xls)

25

This service is restricted to registered users which are professional users Such users log

in via their national registers and after being redirected back to the EULIS web site they

can search separately in any of the interconnected land registers A common search

interface is prepared but not yet available Where national registers impose payment this

is handled by EULIS by forwarding information on the transaction costs to the users

national provider who is responsible for charging the user and compensating the remote

national register Additionally EULIS provides free access to certain type of information

such as on legal concepts registration effects of real property conveyance and mortgaging

or contact details of authorities involved in the real property transactions

EULIS plays a crucial role with regard to the possible LRI since the project constitutes the

first successful example of cross-border exchange of land data Any LRI should thus build

on the business and technical experience gained from EULIS as well as the Land

INformation for Europe (LINE) project

The LINE project is the follow-up development of EULIS in the period of 2010-2012

LINE delivered the next generation of EULIS 20 platform offering to new land registry

organisations a possibility to easily and cost-effectively connect and share services across

Europe The main improvements of EULIS 20 include

Change in the architecture (the decision to apply SOA)

Move towards open source software platform

Opening up the service for public users to make certain search requests on land

properties

1223 INSPIRE Directive and related networks

An important development in the field of spatial data infrastructure is the Directive

establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)12

The main goal of this initiative was to create a European Union spatial data

infrastructure which will enable the sharing of environmental spatial information among

public sector organisations across Europe The INSPIRE Directive came into force on 15

May 2007 and is currently undergoing implementation with full implementation required

by 2019 Various instruments have been set up in Member States in order to meet the

roadmap deadlines and to manage the work required to develop an infrastructure that is

both INSPIRE Directive compliant and effective13

However even though substantial

advances have been made since the transposition of the Directive into national legislation

there are still considerable gaps between countries and some barriers and uncertainties

exists with regard to overlapping competences and roles and duties to be undertaken14

It is assumed that INSPIRE could be re-used by the Land Registers Interconnection

solution in the scope of the exchange of the spatial data

12 Directive 20072EC establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE) [OJ L108 14032007 p 1]

See also httpinspirejrceceuropaeu 13 See httpwwwenvironieenDevelopmentHousingPlanningDevelopmentINSPIREDirective 14 See httpinspireeceuropaeureportscountry_reports_mr2012IT-INSPIRE-Report-EN-TRA-

0_DOCpdf

26

Two networks need a special mention in this context as their development is related to the

principles laid out in the Inspire Directive They are both led by the above described

EuroGeographics association

The Cadastre and Land Registry Knowledge Exchange Network (CadampLR

KEN) aims at helping its members to meet usersrsquo needs with regard to cadastral

information at both national and European level The network produced a number

of relevant documents considered in the context of present study Cadastre

iNSPIREd Report15

Cadastre and Land Registry Information Resource16

Cadastre and Land Registry Information Resource 217

Role of the cadastral

parcel in INSPIRE and SDI18

The INSPIRE Knowledge Exchange Network (INSPIRE KEN) is the group

established following the development of the INSPIRE Directive19

Its purpose is

to allow experts to share their experiences on the implementation of the INSPIRE

Directive

In addition to the knowledge exchange networks EuroGeographics association is leading

the European Location Framework (ELF) project which aims at delivering a pan-

European cloud platform and web services for building on the existing work of the

INSPIRE Directive The project brings together 30 participating companies including

national and regional mapping and cadastral agencies software developers application

providers as well as research and academia The project co-funded by the European

Commission was launched in March 2013 and will run for three years

Another spatial data related project led by PCC is the Cadastral Information System as

a resource for the EU policies which provides a set of documentation containing an

overview of the cadastral systems of the EU Member States20

The above overview included developments in the area of land data registration which are

of most relevance when analysing the possible solution for LRI Apart from the projects

listed above however other interesting information sources were identified in the course

of this study The full list of these sources of information can be found in Section 47 of

the report

15 EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011 16 EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March 2008 17 EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July 2010 18 EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007 19 EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5) 20 PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART I (AT BE CZ DE IT SK ES

SE)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies OVERVIEW ON

THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES PART IV (CY FI GR HU PL SI)

27

123 Land Data Specificities in EU Member States

The present section contains an overview of the organisation and content of existing land

registers as reported by Member States Information received during the meetings with

other stakeholders such as EULIS and ELRA is also included as an additional input

For detailed information about national registers and their organisation please refer to

Section 2 of the report

1231 National establishments for land data registration

In the course of the study a high number of specific establishments for registering land

data were identified across the EU It was also found that their distribution per Member

States differs significantly due to registers established at regional level (out of 436 offices

355 of them are located in one Member State in some cases with no consolidation at the

level of a central registers) They include land registers cadastres address registers and

other types of registers In some cases the dual function of land register and cadastre is

embedded into the national registers that are known to perform multiple generic tasks In

addition registers with specific purpose have been reported by Member States created in

accordance to distinct national provisions (eg a purchase price register property tax id

register register of agricultural charges register of sasines or a crofting register)

Depending on how the land data registration is organised in a specific Member State

different national authorities are responsible for the financing and maintenance of

registers The examples are the Ministry of Justice the State Department responsible for

land registration the Geodesy and Cartography agency local courts or the Ministry of

Environment

1232 On-line availability and level of digitisation

The feedback received from the national experts revealed that the vast majority of

Member States provide on-line access21

at least on some subset of data as illustrated in

Figure 2

Figure 2 On-line availability

21 On-line information is considered as data available on Internet

23

5

On-line

Off-line

28

Across each Member State there is at least one land register with fully digitised data

Within a very few Member States the information is not fully digitised However they are

currently consolidating efforts in achieving this objective Thus electronic access exists

today at least for the internal needs of national administrations when registers are not on-

line for external users Therefore the land register digitisation picture in Europe is close to

10022

However the whole land register history and all properties are not always fully

covered mainly because electronic registration started around or after year 2000 in a

number of countries and it was not always possible and reasonable to provide the effort to

digitalise the old historical backlog Access to electronic registers is mainly depending on

policy decisions (each LR authority checking that no legal barrier exists) and on technical

capacities In some cases the register is maintained off-line meaning that the LR

authorities only have access to it In other cases some on-line access is implemented

either to the register or to a specific subset of information extracted from the register for

the general public or for specific categories of professional users like notaries or

geometers

The study revealed that nearly all Member States with electronic off-line or paper based

registers would answer requests from users from other Member States if these are sent

electronically via a standard form in case the register is off-line for external users the

relevant authority would provide an answer by mail (asynchronous way)

When currently proposed by land registers the existing available query forms are written

in the language of the country owning the register (in the case LRI would be based on a

commoninteroperable data structure this should not be necessary anymore)

After the request is received the answer - where not provided on-line - is manually

retrieved by the registrar from an off-line or paper based system and then submitted in a

response to the original request always in the language of the country owning the register

Currently only one Member State with an off-line register does not see the possibility to

provide asynchronous answers to future cross-border on-line requests

1233 Land register and cadastre

As reported on in section 112 two main forms of registering land information coexist in

Europe From a conceptual point of view they are seen as

The land register a public register of rights concerning real property where the

history of transactions (a chain of deeds forging together some evidence) or the

actual title of property itself is registered

22 SI started electronic registration only from 2011 only

In UK EampW only 83 is covered

In ES registration is on voluntary basis and they still keep paper books for the transitional period

MT started electronic registration in 1995 ndash previous records are paper based

In BE deeds are stored only from 2001 and only 50 is covered

In BG electronic registration started in 2009

Similarly EL ndash registration started in 2000

In PL 95

In IE 90

29

The cadastre a systematic description of the land units within an area (mostly

based on maps) and for each parcel providing a unique identification number

location boundaries and surface In addition it may provide information about

owners land classes values and land taxes

The previous experience gained from the EULIS project has proved that having an LRI

that is augmented by information on the boundaries of a parcel of land is a need expressed

by citizens and professionals To illustrate such a requirement it is important to state that

nearly half of the Member States have already integrated their land registers with cadastre

or provide a single interface enabling the communication between these systems The

Study specifications also confirm this need when stating that lsquothe term lsquoland registerrsquo is

used in its broadest meaning for the purposes of this study so a primary goal is to

indicate for each Member State exactly which national register(s) contain land

informationrsquo

Attention should be drawn however to the differences in the legal value of property data a

property title provides legal certainty whereas a picture or a map has no such legal value

(it is a piece of information subject to free appreciationinterpretation) Thus when

communicating information such as location boundaries surface map country planning

or environmental data careful consideration to its value should be given

1234 Title vs Deeds

As already previously mentioned different registration systems are used across Europe

title and deed systems While some Member States use only a deed or only a title system

other Member States use both From the results presented in Figure 3 it can be concluded

that the title systems prevails over the deed systems

The use of different systems in the Member States affects the possible interconnection as

it may lead to different data aggregation framing or presentation requirements it may also

result in difficulties to present a uniform result or offering a uniform search Such

constraints should thus be taken into account when designing the LRI solution

11

12

5

Titles

Titles and deeds

Deeds

Figure 3 Titles vs Deeds in Member States

30

1235 Data availability

After the initial analysis of the information provided by ELRN it was found that the land

data available in the national systems varies in terms of scope structure and format as

well as in the way it is presented and interpreted A minimal set of parameters based on

tests done on the EULIS platform and EULIS experience was considered by the study

team

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

The study highlighted that most registers may provide more than the seven considered

parameters

Figure 4 Data availability in Member States

In spite of the high degree of availability of the selected parameters their significance

should be carefully analysed For example the lsquoParcel IDrsquo can refer to cadastral data

(countries where the registry does not necessarily use the cadastral parcel as a basic unit)

however it can also refer to the national unique property identifier to the property

identification number in the local registry or to a land book identifier The lsquoParcel addressrsquo

data structure also varies in the Member States due to different national standards

Addresses are administered and managed differently in the Member States often by

different organisations and under different laws Although all national or local address

systems share similar concepts and general properties differences exist in formal and

informal standards rules schemas and data models ndash this issue is discussed in depth in the

INSPIRE Data Specification on Addresses23

In some Member States several possibilities

exist for defining the lsquoParcel addressrsquo within a country (eg only a place name used in

rural areas or different rules applicable for rural and urban areas24

)

23 INSPIRE D28I5 INSPIRE Data Specification on Addresses 24 Wikipedia httpenwikipediaorgwikiAddress_(geography)

19

81

Not available

Available

31

Figure 5 depicts the results of the analysis which reveals that commonalities and

intersections exist between data structure and their characteristics across the Member

States A number of registers contain many more parameters than this lsquominimal setrsquo

However as the set is available in a majority of Member States their availability in the

framework of LRI could be considered as a good starting point

Figure 5 Parameters availability in Member States

1236 Search capability

Due to the facts that the four main search fields are present in the majority of land

registers we may consider these four fields a good starting point to make a search form

While the form would be common for all registers specific fields could be shaded if not

used or available in a particular register As Figure 6 depicts 67 of the considered

parameters are ready to be searched in national registers

Figure 6 Searches capabilities

0 4 8 12 16 20 24 28

Purchase price

Encumbrances

Map

Coordinates

Owner

Parcel ID

Parcel address

16 27

28

22

27

26

25

Data Availability

33

67

Not available

Available

32

Figure 7 presents the number of Member States having the available search parameters

Figure 7 Available searches in Member States

It appears that the search by property or parcel ID is the most popular search type

available across the Member States Search by parcel address is available in more than

half of them Some do not offer or apply specific conditions when a search on owner data

is requested

Nearly all Member States share one common search parameter (by lsquoproperty IDrsquo but this

field is variously interpreted) half share two parameters (by lsquoowner namersquo and by

lsquoproperty IDrsquo) and another half share another two parameters (by lsquoaddressrsquo and by

lsquoproperty IDrsquo)

Encumbrances and purchase price when available are useful information to retrieve when

attached to a specific property but using it as search parameters does not appear useful

1237 Language

In general terms search forms and data are available in Member Statesrsquo national

languages In case one Member State uses multiple official languages these are available

in the land registers accordingly (sometimes with the limitation to the applicable region)

Only in several of them a subset of information is additionally provided in English next to

the national language(s) or a translation facility is provided

Consequently in line with the practices applied on the Portal users should be allowed to

select their working language

The query form has to be proposed to a Portal user in the language that heshe has

activated on the Portal (presumably the native language of this user) Validation

messages in case the user entries do not fit with the data structure agreed with the

relevant LR (for example the structure for a lsquoproperty IDrsquo) must also be provided in

this language

The resulting request forwarded by the Portal LRI system should be understood by

the receiving LR

a In the framework of an online web service it is enough if the relevant LR

receives a validated data structure (as agreed for communication between

the Portal and this LR)

0 4 8 12 16 20 24 28

Map

Owner

Parcel ID

Parcel address

15

20

24

15

Search available

Search available

33

b In the framework of an asynchronous answer the LRI must produce a

query form written in the language of the receiving LR allowing human

recipients (members of the LR administration) to understand the request

The answer should be understood by the user

a In the framework of an online web service it is enough if the relevant LR

returns a convenient data structure (as agreed for communication between

the LR and the Portal) This data structure will be presented to the user

inside an answer form written in the language selected by the user

b In the framework of an asynchronous answer the requested LR will

produce an answer form (that will be sent by mailemail) This answer form

should also be translated or provided in the userrsquos language (at least

regarding the field names and all data that are categorised in a limited

number of possible values)

The main issue is related to free-text data that are only available in the original language

but the selected set of parameters contains no (or very few) free text the address (street

name number zip code city) does not need translation The same is true with respect to

the parcel or property ID owner coordinates map and acquisition price Encumbrances

when not reported according to a limited number of categories could possibly be

translated and understood according to an LR glossary

1238 Legal value of provided information

The analysis showed that similar standards exist in attributing legal value to specific

information The examples of distinct practices applied in several Member States are

Information is produced for illustrative purposes only without a formal guarantee

that it corresponds to legal reality

Information reproduces the content of the register at the time of the delivery

however there is no formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a property title

A legal guarantee is provided in the form of a legal certificate at the time of

delivery The certificate can be used in court as a title of property In such cases

the possibilities for providing this in another language will be limited

The analysis revealed that in the majority of the Member States the information can be

provided as a legal certificate (eg sent by mail in an asynchronous way) Furthermore in

some of them when submitting a request the user can specify whether the data should be

delivered in the form of a legal certificate or the request is made for information purposes

only

1239 Registration and authentication process

The analysis of the registration and authentication process in the Member States led to the

conclusion that the most common practise across the EU is sharing information with

registered users only However several Member States provide access to data without

requiring user registration while others allow access to basic data for unregistered users

When some registration is a requirement it is because (in a majority of Member States)

34

information is provided upon receipt of payment without the need to provide a particular

professional certificate

Various technical methods for authentication were identified

User ID and password

Digital signature or certificate

National ID-card

Mobile-ID (the SIM card of a mobile phone works as an identity tool -

implemented in EE only)

On-line bank authentication (implemented in EE only)

Another form of authentication is proving the userrsquos profession (eg notary registered

lawyer property agencies judges and credit and insurance institutions) to access a

specific on-line data file implemented for these profession or more sensitiveconfidential

data

Several observations could be made in regards to national and non-national user access to

the registers In two Member States access to the land registry can be granted only to

national users provided that certain conditions are fulfilled provision of a national digital

certificate verification of the userrsquos account against the e-mail address or submission of a

written on-line application form for each category of users In one of the Member States

access to users from other Member States is decided on a case by case basis

Nevertheless the legal provisions of the vast majority of the Member States allow non-

national users to access their land register data

Figure 8 below shows that only in two Member States the national legislation does not

permit access to the data from outside the national territory

Figure 8 Access to users from other EU Member States

It should be mentioned that in some Member States national provisions foresee

additional requirements to access data (eg the foreign requestor should provide a national

ID card or digital signature) These provisions were however established for the purpose

of additional legal control rather than for imposing obstacles to access the data

The above findings confirm a significant degree of diversity among Member States

regarding user authentication In most cases authentication is simply related to the need

for a payment Authentication for providing access rights of justice professionals is more

26

2

Access allowed

Not allowed

35

complex and depending on national regulation This could be a reason for postponing the

authentication process of professionals to a later phase of possible development (Phase 2)

12310 Access constraints

Regardless of the common data protection standards at EU level the study revealed that

legal provisions in this area vary from one Member States to another

In 9 Member States25

a user has to prove ndash or at least to declare or invoke - a

legitimate interest in order to get access to the land data This interest is an

assumption in many cases owner of the property notary bailiff employee or

public servant acting by reason of his office and institution of judicial

superintendence do not have to declare their legitimate interest

In 18 Member States it would not be currently possible for everyone to search

for information using the personrsquos identification data However when searching

on other criteria such as the address or a property ID it is possible to discover

the owner (this information is available in 27 Member States moreover in 15

Member States search functionality is accessible to everyone whereas in 9

Member States it is available upon demonstration of a legitimate interest)

12311 Payment methods

Most Member States have a structure in place which requires a fee in exchange for data

access Only 4 Member States provide free access to their data In another 2 Member

States some exemptions from payment currently exist (eg applicable for the owner) The

below Figure 9 depicts the current situation

Figure 9 Access fee

25 This information has been collected by the ELRN ES EE EL CY DE BE IE PL RO have reported the

necessity of a legitimate interest However MS are not always explicit regarding this requirement HR and

PT laws states that there is no need to prove a legitimate interest When the requirement is explicit the law

may not detail the exact special evidences or information to be provided in order to prove the existence of a

legitimate interest

22

4 2

Paid

Free

Exemptions

36

It should be noted that generally the provision of service is free of charge for national

governmental organisations whereas administrative structures from other Member States

are generally required to pay a fee

As regards the payment means the vast majority of Member States accept credit and debit

cards and only some Member States deviate from this approach as illustrated in Figure 9

Figure 10 Payment method

The execution time of the payment differs as well with pre-paid payment being the most

commonly used Post-paid payment a subscription and the combinations of these types of

payments (together with a pre-paid payment) were also observed and should thus be

allowed for in a common integrated system

Usually the time of the execution of a payment determines a specific payment means

Pre-paid payment ndash paid by cash or cheque money transfer creditdebit card

Post-paid payment ndash executed via money transfer

Subscription ndash paid using direct debit or money transfer

12312 Rules and procedures for data updating

The study confirmed that depending on national processes the time needed to update the

register may vary Therefore as the time where the information is considered as

reliableexhaustive cannot be predicted in a uniform way each piece of information has to

be delivered with a time stamp taking into account that the situation may change

afterwards Since it does not appear reasonable to keep trace of and update all provided

answers over a long period of time land register authorities limit the answer validity to the

delivery time by convenient disclaimers the excerpt from the land register reflects the

legal status at the moment of issuing and gives legal effect to the excerpt made at that

moment

12313 Participation in a possible pilot project

In the course of the study all Member States were asked whether they would be available

to participate in a possible future pilot project on the interconnection of Land Registers

The objective of the pilot project could be to test and evaluate the solution proposed as the

Phase 1 of Land Registers Interconnection Nearly half of the Member States reported to

17

8

3

CreditDebit

To be defined

Other

37

be willing to participate in such a pilot project and another group of Member States are

open for discussion (eg a positive decision would be determined by the possibility to

receive outside funding etc)

Figure 11 Member Statesrsquo willingness to participate in the pilot

Member States which showed an interest in participating in a possible pilot project

underlined that they see it as a new tool to expand their real estate market Also they

consider it as a possibility to implement and test the integration of national land registry

and cadastre

As the above figure demonstrates 8 Member States would not wish to participate in a

possible pilot however this is mostly due to them being burdened by their current

workloadprojects and therefore this should not be interpreted to mean resistance against

a possible Land Registers Interconnection project

13

4

8

3

Want to participate

Open for discussion

Pilot not supported

No answer

38

13 Business requirements

The results of the Member Statesrsquo consultation have shown that several commonalities are

present amongst them This fact analysed more in depth in the previous section opens the

door to a possible interconnection of land registers across Europe This section of the

report will analyse the main needs that a possible solution could provide an answer for

It is worth noting that a number of potential business cases have been identified based on

suggestions received from the Member Statesrsquo experts

Providing information on burdens (such as buyers or a sellers creditors) that may

affect a given property

Cross boarder insolvency proceedings

Successions - according Regulation (UE) 650201226

LR information should

facilitate the completion of the Certificate of succession when it comprises

immovable assets of the deceased located in a different MS

Exchange of legal data regarding ownership and charges among Member States

(eg see the Brussels Regulation27

and Regulation (EU) No 1215201228

)

In spite of the number of domains where Member States share common practices there

are also diverse approaches that need to be considered From the findings some of the

differences identified cover

Legal context (eg deed vs title systems legal value of the retrieved data)

Conditions under which a land register can be accessed (different level of access

different registrationuser authentication methods service costs)

Scope of the information stored in land registers and data available on-line

Search parameters and the scope of the information retrieved

The purpose for which (taxation or justice) and the way Land Registersrsquo data is

currently being used

Due to these diversities several requirements were identified that the future solution needs

to take into account These are defined in detail further below

131 Processing of data

While the majority of Member States offer on-line access to their land data a few others

still use off-line registers which are available for national administrations only The

search process can be common in all cases (on-line or off-line) When the registers are off-

26 Regulation (EU) No 6502012 on jurisdiction applicable law recognition and enforcement of decisions

and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a

European Certificate of Succession [OJ L 201107 2772012] 27 Council Regulation (EC) No 442001 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation) [OJ L121 1612001] 28 Regulation (EU) No 12152012 on jurisdiction and the recognition and enforcement of judgments in civil

and commercial matters (recast) [OJ L3511 20122012]

39

line the LR administration acts as an information broker delivering the requested data by

mail or e-mail after checking the legitimate interest of the requester when applicable

Independently of the access mode implementing a common presentation standard for the

query form would be an advantage for facilitating the submission of the query form in the

framework of LRI While the query form could be always submitted on-line this leaves

different options for processing the question and providing the answers (on-line or by

maile-mail)

132 No digital information or off-line information only

One Member State does not have land data available in a digital format even if it may be

considering to have land register services digitalised in the near future In five Member

States the system is not on-line (used internally by the LR administration only) Any

interconnection system should thus also cater for off-line and paper based registers

together with the on-line service

133 Data distribution

Due to the existence of regional registers that are not integrated or consolidated into a

unique database at national level the solution should allow the integration of registers at

different levels (nationally but also regionally) The selection of the relevant register must

be done after selection of the searched region (eg the lsquoLanderrsquo in Germany) Therefore

the solution must clearly inform users which regional register has provided the answer in

any case where the searched Member State has multiple registers

134 Scope and format of data

The land data available in the national systems varies in terms of its scope structure

formats the way it is presented and its legal value including the way it can be used (in

court to purchase a property etc) Any possible LRI solution therefore has to cater to the

existing diversity while providing a harmonised approach

Any solution should support various data sets for each Member State This would allow

compliance with national legislation including the different type of register in use (title vs

deed) In reality this means that various search fields and search responses would be

supported by a LRI Moreover any system would also need to allow for the management

of these search fields (addition removal modification) In order to facilitate its

implementation the search capabilities of a LRI could be implemented gradually

It is foreseen that if a harmonised schema for data exchange ndash a common communication

protocol ndash would be adopted it would simplify data exchange increase productivity and

minimise data waste as well as errors during a possible LRI implementation

135 Land register data vs cadastre data

As previously discussed there are two property registration systems present in Europe

providing different sets of information Due to the availability of new technologies land

register information is nowadays often complemented with supporting information (parcel

description and size environmental data maps pictures territorial planning etc) and in

some Member States the property data are merged with the cadastre and such other

40

information in single systems In other cases however the information is scattered in

different systems and different sets of information are collected Based on experience

from the Member States with an integrated land register and cadastre system users see a

need to complement property related information with additional information on the

property because it is helpful to assess the property value and to prepare a real estate

transaction A system should thus allow even if only in the second phase for the

possibility to find the above supporting data in addition to property and legal status data

Obtaining maps and other available supporting information (without the same legal value

as property data) would provide a more complete and useful picture of the searched

property However in case such supporting information is not merged with the property

related information in a single national file combining access to different files and

aggregating the extracted data in a single answer will increase the complexity and cost of

the interconnection

136 User authentication

The e-Justice Strategy and Action plan adopted by the JHA council and the Strategy on

European e-Justice29

foresee the vision of lsquoa uniform authentication procedure to open up

for members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide for

such a possibility for authentication for non-professionals alsorsquo The Strategy states that

lsquoMembers of the judicial authorities should be given secure access to the various

functionalities reserved for them they should have differentiated access rights and a

uniform or interoperable authentication method should applyrsquo

The analysis performed has shown that implementing a uniform procedure would support

access control and payment facilities of all potential participants in the LRI when relevant

or required easy and uniform registration for accessing information that is available for all

(possibly after providing some justification on the legitimate interest) and payingbeing

invoiced for fees would also benefit professional users thanks to standard query forms in

their native language thanks to the automatic forwarding of the form to the relevant

register thanks to receiving standard invoices In Phase 2 provided a mutual trust

authentication system will be implemented judicial authorities and other professionals

may benefit from differentiated and specific access rights The condition is to cater for the

various authentication and certification processes found in the Member States

Given that professional capacity certification (meaning the act of confirming that a person

is indeed a legal or other professional) is an action that is not necessarily performed by

land registrars a possible solution could also ensure that this activity is carried out by

trusted third parties (eg using the relevant professional organisation or other Member

Statesrsquo administration as a trusted third party) This would imply interconnecting the LRI

platform with third party certification authorities The third party could either be located in

a Member State of the userrsquos origin or in the one owning the register Such a system could

provide a solution to the finding that even when some LR data are available for everyone

for 15 land register systems the Member Statesrsquo legislation requires a specific

IDpassword or other authentication method for professional users categories providing

29 Strategy on European e-Justice 2014-2018 [OJ C 376 21122013 p 7]

41

them a specific (or a more complete) access to land register data With regard to

professional users authentication and the different type of roles associated with those

users there could be different kind of search parameters allowed as well as different data

sets available in the response retrieved

137 Data protection

The existing EU data protection rules (provided for in Directive 9546EC30

and

Regulation (EC) 45200131

as well as other relevant legal instruments) has undergone a

major review process which resulted in the General Data Protection Regulation proposed

in 201232

Personal data means any information relating to an identified or identifiable natural person

(ie the owner of property) even if that person can be identified indirectly (by reference to

an identification number tax-payer number etc) The European Commissionrsquos decision

on the protection of personal data in the European e-Justice Portal33

specifies amongst

others the conditions for storing personal data on the Portal

lsquoNo personal data relating to the data subjects shall be stored in the Portal All

such data shall be stored in the national databases operated by the Member States

or other bodiesrsquo

lsquoPersonal data relating to or provided by Portal users shall not be stored in the

Portal other than in cases where they have signed up as registered users Personal

data of registered users shall be stored until they request the deletion of their

registrationrsquo

It is worth adding that questions formulated by justice professionals should not be

disclosed the fact that the Notary X investigates properties owned by Company Y is

covered by secrecy rules as implemented for relevant professions by national authorities

Disclosing such information (even when it is disclosed by an employee a contractor or a

third party) may be prosecuted34

Therefore data transfer must be secured and should only

be accessed by the authorised recipient

Regardless of common legislation at EU level the study revealed that legal provisions on

the protection of land data vary from one Member State to another (eg the requirement to

prove a legitimate interest or no possibility to search based on identification data) Any

possible solution must respect these different access requirements

30 Directive 9546EC on the protection of individuals with regard to the processing of personal data and on

the free movement of such data [OJ L 281 23111995 p 31] 31 Council Regulation (EC) No 452001 on the protection of individuals with regard to the processing of

personal data by the Community institutions and bodies and on the free movement of such data [OJ L 8

12012001 p 1] 32 Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals

with regard to the processing of personal data and on the free movement of such data (General Data

Protection Regulation) COM2012011 final of 2512012 33 EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014 on the

protection of personal data in the European e-Justice Portal 34 See for example 226-13 Code peacutenal (France)

42

138 Complement to provided information

Resulting from the diverse legal values of information that is available in land registers

and resulting from the possible delivery of data without any legal value (maps pictures

etc) it appears that any answers communicated to users in the framework of LRI must

always be provided together with the necessary disclaimers or the following precisions

Who is responsible for the provided information

What is the legal meaning and value of the data provided

What is the certainty level of the data provided

Until when was the information updated (time-stamp)

How to interpret search parameters and search results (eg property rights)

How to obtain legal output if this is not available on-line

The solution could also have a feature that would inform users in the form of a

disclaimer of the maintenance status of the national register(s) under query (legal

provisions regarding the time requested for updating the register or possibly previous time

periods that are not covered or on which the information is not digitalised)

139 Translation

Any LRI solution will need to be able to provide information in the various EU languages

Such information may include the conditions of the LRI service in a specific Member

State what the user has to know regarding the legal value of information provided by a

specific LR what are the payment conditions per request per property retrieved for

translating the response in another language if available etc

Moreover any disclaimer that is presented to the user should be available in the different

EU languages This is equally true of any standardised material such as a glossary) Such

a glossary is already present in the EULIS initiative A glossary hosted on the LRI

technical platform (a subset of the Portal) must be built as an ontologytaxonomy

establishing the meaning of specific LR concepts across the various jurisdictions

therefore it is more than a simple dictionary

Free text (unstructured descriptions) cannot be translated automatically by the LRI

technical platform mostly for liability reasons the limits of existing automatic translation

tools are well known However when a specific term appearing in a free text field is

present in the LR glossary hosted by the LRI platform this term could be highlighted and

linked to the LR glossary

In addition ndash applicable to asynchronous answers provided by mail after a certain delay

(some hours or days) ndash it was found that some LR authorities provide a translation service

(after payment of a feelump sum)35

The translation of the delivered information is

generally limited to English

35 For example Spain requests a lump sum of euro30 for providing an English translation of retrieved

information

43

1310 Payment system

As detailed in section 55 of the Annexe (Usage costs and payment methods per Member

State) the study gives a complete overview of Member States that provide land register

information for free whereas the majority require a fee For those requiring payment the

various possibilities and payment methods are highlighted in the lsquoProposals for handling

paymentsrsquo (part III) of this feasibility study Therefore a solution for a LRI must include a

payment system

This payment system must cater to the different payments methods used in the Member

States of which credit and debit card are the most common Furthermore the need for

formal and ndash when possible ndash global invoices (eg all fees paid to various registers in a

given period of time) was identified

1311 System implementation

A number of stakeholders have reported that a limited amount of cross-border searches

would lead to a low return on investments Moreover heavy up-front investments were

also found undesirable by Member States especially when some have reported having

limited resources to participate in a possible pilot project Therefore the LRI system

should cater for gradual and voluntary adoption in a first (or pilot) phase

44

14 The way forward

A significant number of Member States have communicated their interest in participating

in a pilot project Some others are open to discussion or did not take any position yet A

minority does not wish to participate in a pilot mostly due to their current workload

burden or because of an on-going land register re-organisation and not due to objections

to the LRI project

The possible way forward includes two main steps or phases for implementing the LRI

system The suggested division in two phases is motivated by the higher degree of

complexity of giving access rights to lsquoauthenticated justice professionals across the whole

EUrsquo (including administrations notaries etc) that would be similar to the access their

national colleagues have to the LR of their home State

The first phase of LRI that could be considered initially as a pilot phase would

present multiple advantages of coordination and integration a common architecture

and single management and maintenance of the technical platform multilingual and

standard query forms better integration inside the e-Justice Portal the possibility to

send one request to multiple registers implementation of an interoperable payment

system This first phase would be targeted to a large public access making it

possible to submit questions on-line and receive answers either on-line or in an

asynchronous way (depending on the policy of the requested LR) It would solve

issues related to the diversity of legal systems translation issues assessment of a

legitimate interest data protection etc These points may require some concrete

work indeed but that work is finally well defined and achievable within the current

legal framework (from the EU and Member States)

The second phase of LRI would be focused on the needs of more specific categories

of professional users including officials from other Member Statesrsquo

administrations in order to make their on-line access possible including their

specific access rights The aim of this phase would be to provide similar access to

all relevant LRs to all lsquousers that need to access LR information in the framework of

their professionrsquo even if they are not nationals of the Member State hosting the LR

This phase would tackle issues which are more serious and complex than those

dealt with in Phase 1 These are mainly related to authentication processes which

necessitate mutual trust and interconnection with multiple professional

organisations and in some cases the necessity for higher guarantees regarding the

protection of personal data

In addition there is one possible alternative (paving the way for a quick win) for Member

States that will not participate in the pilot project

Non-participating Member States could improve and manage their national pages

on the Portal and to link it to a lsquostandardrsquo query form ndash interacting with their own

LR system only Portal users could then fill in and submit these forms to the

national LR Such a system could provide synchronous (on-line) answers when the

national LR system is on-line or - in most cases - at least an asynchronous answer

(off line by mail or e-mail) - eg when the access to the national LR system is

restricted to the national administration which plays the role of human interface and

checks if a legitimate interest exists Such action should be coordinated with the

LRI project in order to present as far as possible similar lsquostandardrsquo query forms in

45

all relevant Member States even if some search fields would be

lsquodeactivatedshadedrsquo when not available in the searched LR

The three possibilities identified above are detailed hereafter

141 Phase 1 of Land Registers Interconnection

As already stated above the objectives of this Phase 1 introduced by a possible pilot

project are as follows

Testing the LRI and solving the issues referred to above

Implementing a real lsquoone-stop-shoprsquo based on a common managed architecture

and linked to a convenient payment system when applicable

Targeting a large public access ie addressing all questions that are not restricted

by specific privileges (working as a certain category of professional) or specific

access rights knowing that this system will also improve the current situation for

professionals

Submitting questions on-line and receiving answers in both on-line and

asynchronous form

1411 Legal diversity

The legal diversity of the different land registers in use in the Member States is an evident

finding of this study It is often presented as a fundamental issue which leads to the

information presented by various registers not being comparable

However the legal diversity and the value of provided information can be quite easily

categorised Clearly this legal diversity points to the important need to provide

complementary information but should not be seen as an obstacle to LRI It simply results

from the difference between the systems used in the various LR organisations ndash a minority

following purely a deed system others a title system and many handling both The LRI

should clearly support all these systems in their diversity through providing succinct but

clear information on the legal value of the information retrieved

The way to clarify the legal diversity is to provide the right information Before using the

service users (even justice professionals) have to know the legal value of the requested

information if it provides the guarantee of a property title if it may be used in court etc

This information can only be provided by the relevant Member State ie on the Member

State-owned Portal pages that will introduce the service and on the page that will present

the answer (or in the mail containing the response in case of an asynchronous answer)

Consequently LRI participating States have to provide property related information with

the appropriate complementary comments and disclaimers and the legal diversity is not an

issue for the Portal itself as a technical platform

The portal can support this process through proposing a standard template to categorise

the legal value

Is the response exhaustive as all land property is registered in the searched LR

At what time and until when is this information valid

46

Are the LR documents you will receive admissible in court as evidence

Are the LR documents you will receive valid as property certificate

Should you buy a property based on the result of a property inquiry through this

service

Can you usepresent copiesprints of delivered responses when selling your

house

Who is responsible for the information provided

How to obtain legal output (admissible on courtvalid as property certificate) if

this is not available via your on-line request

In case a given Member State connects multiple registers to the e-Justice Portal or in case a

question accesses multiple registers the information has to be provided for each register

The disclaimers should not be free unstructured text they should present pre-defined

information subject to translation to the userrsquos preferred language if needed The

categories proposed in Questionnaire 2 were

The provided information is produced for illustration purpose only without formal

guarantee that it corresponds to legal reality

The provided information reproduces the content of the register (X) at the time (Y)

of delivery however there is no formal guarantee that the register is up to date

and corresponds to the legal reality regarding the establishment of a property title

therefore the provided information is not valid as property title and cannot be

used for this purpose

The provided information is a legal certificate It has the state guarantee at the

time (Y) of delivery and ndash according to the condition of the attached disclaimer ndash

it is valid for establishing a title of property

1412 Linguistic diversity

Some Member States reported that they provide interfaces in other languages than the

national one Initiatives such as EULIS present query forms in English Based on the

selection of common search fields a standard query form can be proposed Search fields

not available in the targeted LR can be shown as lsquoinactiversquo or as a lsquoshaded arearsquo This form

like any other lsquostatic informationrsquo provided on the portal can be made available in all EU

languages

The linguistic diversity of provided answers is more problematic as the majority of the

Member States provide answers in their national language(s) only However similarities

between LR systems (titles or deeds) will help presenting information according to similar

templates and therefore will facilitate translation of at least some standardised elements of

the response

The response form if built according to a Portal template can translate all data that are

fixed or that are categorised in a well delimited list of possible values

The fixed fields names titles labels

The fields resulting from a lsquomultiple choicersquo or a lsquoYesNorsquo option

The standard disclaimers or information related to the legal value of the

information

47

On the contrary translating free-textunstructured information is more sensitive Machine

Translation will be available on the Portal but a decision would need to be taken on

providing this service also in the context of LRI For the pilot phase (Phase 1) the data

parameters (address ID owner coordinates map encumbrances price) contain no or few

free text needing translation

Translation and understanding of the answer (eg regarding information that could be

categorised as lsquoencumbrancesrsquo) would be facilitated by providing a specific LR glossary in

the Portal This glossary should be a collaborative work (among participating states) and

should be visible to all (allowing the legal community to contribute with suggestions for

improvements) The glossary must play the role of ontology that helps to understand the

difference between the legal systems These should be reflected linguistically as reported

by Member States a legal concept (as Usufructor Usufruit (France)Nieβbrauch

(Germany)Fruchtgenussrecht (Austria)) may have different meaning due to different

jurisdictions Such differences go beyond language barriers that could be solved simply by

translation

The multilingual LR glossary must work as taxonomy (thesaurus of equivalent legal

concepts providing detailed information) The Portal will be of great support for providing

a technical platform to host such a glossary

1413 Registration of Users (Phase 1)

This is another area where the Portal acting as a one-stop-shop may play an important role

as a facilitator

In the envisaged Phase 1 the user registration system may not provide specific access right

to LR data but will be used to allow users to manage their preferences and to benefit from

the common payment facility The Portal would facilitate connections by providing a

uniform registration process (providing via a specific registration system a User ID and

Password linked with a valid e-mail address) that could be connected to a convenient

payment system

A more elaborated (and complex) registration process should be proposed in the envisaged

Phase 2 especially when there is a requirement to prove and authenticate professional

capacity (administration notary geometer lawyer etc)

1414 Towards a common search form

The standard search form would be a multi-lingual interface which should exist in all

official EU languages (and not only in English or in a limited subset)

This will be possible by focusing the form on an initial minimum set of parameters

(selected among the lsquocandidatesrsquo) by knowing which parameter can be searched in the LR

of all Member States participating in the LRI project

This initial set of lsquocandidatesrsquo includes

Parcel Address

Parcel IDor Property Coordinates (according to the proposed formats)

Property Map

Owner (where this is available for public access)

48

Two other fields will be often available in the response but are not relevant for searching

Known encumbrances

Purchase Price

1415 Personal data protection

The processing of personal data on the Portal is subject to the Commissions Decision of 5

June 2014 on the protection of personal data in the European e-Justice Portal36

This

includes the processing of personal data through a possible LRI In practice this means that

as the LRI platform

The Portal will not store personal data (as if it was the data processor of a database

containing personal data even provided by third parties which are the data

controllers)

The global Portal usersrsquo registration (that is performed at the initiative and request

of each user) would be processed via ECAS (this EU service is external to the

Portal)

On-line answers would be provided by the relevant LRs through the Portal

operating as interfacecommunication network without storing these data

Asynchronous answers (mails from LR authorities to users) will stay outside the

Portals operation (no transitnetworking function)

The main sensitive point is allowing searches on the ownerrsquos name the owner is a search

parameter in 20 Member States but 15 Member States have implemented specific

authentication mechanisms for administration or professionals Disclosing the ownerrsquos

name after searching on an address or a parcelproperty ID (which is in most case a need

when the aim of a request is the processing of a real estate transaction) is less sensitive the

owner is available in the response in 27 Member States It is up to the relevant Member

States and LR authorities to decide if searches and answers containing names would be

authorised

When providing information LRs may add specific disclaimers or instructions concerning

the usereuse of personal data that could be part of the delivered information

It is worth adding that questions formulated by users should not be stored on the Portal In

case a payment system is implemented a reference could be stored (for providing detailed

invoices date relevant LR(s) and reference number of each request)

1416 Legitimate interest

Under 9 national practices or laws (eg in Germany Belgium Spain Sweden) access to

land registers is not granted unconditionally but only in case the user has a legitimate

interest for such access

36 Commission Decision of 5 June 2014 on the protection of personal data in the European e-Justice Portal

(2014333EU) [OJ L167 662014 p58]

49

Due to the high number of requests the results of this study suggest that LR authoritiesrsquo

decisions regarding this lsquolegitimate interestrsquo are not in practice always based on a

systematic inquiry or verification

Two main cases may exist

When the user is a justice professional (or a notary a geometer a credit institution

acting in the framework of its profession) the legitimate interest could be

assumed

In other cases the legitimate interest must be declared by the user for example

a The requestor is the owner of the parcel and wishes to check its legal

status

b The requestor is the owner of a parcel and wishes to know who is

their neighbour

c The requestor wants to purchase the parcel and wishes to know who

the owner is

In a minority of cases the LR will request for more justification or reject the request

Impact on the LR query form As soon as a Land Register requests justification of a

legitimate interest the LR query form must include a corresponding section This may be

facilitated by proposing a multiple choice form such as this is done for example by the

application provided in Spain (lsquoRegistradores de Espantildearsquo)

Figure 12 Example of declaration of legitimate interest

When a legitimate interest has been declared it is good practice that the delivered response

reproduces the declaration For example

Several points should be considered in this context

The Portal standard form may help to clarify the lsquovaguersquo notion of legitimate

interest by proposing an appropriate list of cases or conditions

LEGITIMATE INTEREST CLAIMED

Legaleconomic investigation on credit insolvency or

responsibility

Legal investigation on object ownership or limitations

Investigation for contracting or mediation of shares

The applicant is the registered owner

Other to be specified hereafter

50

This will not be lsquobindingrsquo for the requested LR the decision to deliver (or not) an

answer may always be related to requesting more explanation related to the

legitimate interest in case of doubt

The request for legitimate interest is not an obstacle for LRI but providing more

detailed justification about this interest is more difficult when interacting with

users from other Member States or third countries (using other languages)

Therefore the relevant form must be detailed enough and validated by the Land

Register requesting a legitimate interest

The requirement to justify when needed a legitimate interest does not necessarily

imply that the Portal userrsquos question must be processed off-line in an

asynchronous way if the declaration is replicated as a part of the delivered

response this makes some verification at the time the response is used possible

(eg presented in court) However as long as relevant LR authorities must take the

time to check the reality of a legitimate interest and ndash when appropriate ndash to

conduct further investigation off-line processing will be necessary

For professionals as long as a professional authentication system is not

implemented the form should be complemented by specific declaration allowing

LR authorities to assess (and possibly investigate) when a legitimate interest exists

(for example for searching on the owner)

lsquoI declare to be Notary X acting for professional reasons address xxx e-mail yyy

telephone zzzrsquohellip

lsquoI declare to be Civil Servant X member of administration AAA in Member State

BBB acting in conformity to national law address xxx e-mail yyy telephone

zzzrsquohellip

1417 Paymentproof of payment

Most Member States have a payment structure in place which requires some form of a fee

pre-paid or post-paid in exchange for access to the data Subscriptions are a less used

alternative Several Member States provide free access to the data Therefore any common

Land Registers Interconnection system must consider payment in its design

At the very least pre-paid and post-paid methods must be provided for in a common

integrated system However in order to increase acceptance a subscription method should

also be offered

Regarding the means of payment the vast majority of Member States accept both credit

and debit cards and only some of them deviate from this approach Any future integrated

system should therefore also provide for the most common means of payment ie both

credit and debit cards

The use of a payment service has to be optional as in some Member States access to the

land data is free Due to the fact that some national systems do not process cross-border

payments there is a need to provide a common LR payment system calculating costs

based on information provided by the target land register Cost calculations should be

conducted per service (eg single search) andor per user (subscription)

The payment systems should provide invoices ndash they are needed by professional users to

deduct these expenses The functionalities and possible options regarding this payment

system are analysed in detail in Part III of this feasibility study

51

1418 Receiving a response

14181 Providing a response

Responses can be transmitted on-line or off-line (in an asynchronous way) This last option

appears to be the most appropriate for those Member States that want to check carefully the

legitimate interest of the requestor or for others that wish to deliver a formal property

certificate signed by the register authority and committing the liability of the

administration

In case a Member State has to extract information from several files such as in France

(except in the three departments of region Alsace and Moselle having a single property

register) where a common key (which is the cadastral parcel Nr) can be used for accessing

property data (in the FIDJI system providing access to multiple property registers) and for

accessing cadastral data (in the MAJIC system providing access to multiple cadastres) the

possible solution is that the receiving point of contact will dispatch the request to the

relevant register(s) In Phase 1 these Member States will most probably provide

asynchronous answers only

14182 Understanding the content

Regarding the language it is recommended to maximise the use of pre-defined categories

and fixed fieldrsquos labels reducing the proportion of free text to the minimum possible As

previously mentioned all labels and pre-defined categories may be translated

automatically Since the free text would not be translated automatically a specific

multilingual LR glossary should be implemented to support it All glossary terms when

used in the response must be highlighted allowing users to get more information on the

possible meaning of the term depending on the jurisdiction

The standard fields for responses (when available) are

Parcel Address

Parcel ID or Property Coordinates (according to the proposed formats)

Property Map

Owner (when this is available for public access)

Known encumbrances

Purchase Price

14183 Understanding the legal value and possible use of the response

The understanding of the legal value and possible use of the response can be supported

through a pre-defined set of hypotheses and standard disclaimers as explained in Section

1411

1419 Land Registers Interconnection platform

The principal development to provide in Phase 1 would be the common LRI platform

integrated into the Portal as a new service Several technical alternatives or architectures

are possible for developing this platform including the reuse of all or part of existing

projects These alternatives are discussed in detail in the Part II of this feasibility study The

52

platform should be based on a common communication protocol ndash a harmonised data

exchange mechanism with a set of rules governing essential aspects of the LRI exchange

These can be such as the format of the information exchanged harmonised schemas for the

data exchange the processes supported etc The purpose of the service is to make land

information accessible in a more standardised way in terms of

Communication means (implementing web services from the portal to the various

participating LR administrations)

The process for accessing the data covering all necessary steps to be executed in

order to retrieve the data taking into account that not all steps of such a process

have to be applicable in each Member State

The presentation of the data

The Security measures for the protection of the data exchange

The technology used for the data exchange

Such a service will not only make the Land Registers Interconnection possible but as the

initial set of available parameters will still not be available in all Member States and as the

need for receiving more data should rise progressively it should facilitate a possible future

harmonisation of land data exchanges

14110 Implementation of a Phase 1 pilot system

Important factors in the realisation of the LRI project are the willingness of the Member

States to participate in a Pilot project allowing volunteer users to test Phase 1 of the LRI

model the efficiency of the provided architecture (as proposed in part II of this study) and

the payment system (as proposed in part III of this study)

As mentioned before the majority of the Member States are willing to participate in a

possible Pilot project or are open for discussion The other Member States have clarified

that their LR system is currently in the process of being redesigned or that their ICT

capacities (the server answering to on-line requests from their national professional users)

are already lsquonearly used at 100rsquo but this type of issue (upgrading memory processors or

bandwidth) does not look to present a fundamental barrier for most ICT specialists

The realisation and implementation of a Pilot project and the delivery of an evaluation

report is therefore recommended as a next step

14111 Land Registers Interconnection as a test platform

It was found that functionalities similar to the ones needed for a possible LRI could be

reused in other projects managed by the European Commission such as

A common payment system

An authorisation system which takes professional capacity certification into

account

53

For example similar needs exist in the project developing a Business Register Information

System (BRIS) managed by DG MARKT of the European Commission The aim of BRIS

is to interconnect central commercial and companyrsquos registers in the EU according to

Directive 201217EU37

Therefore the LRI pilot could be considered as a useful test platform in those domains The

value of the development effort would be multiplied if the implemented solution is reused

in other projects

Also the approach taken for resolving the issue of the diversity for Land Registers

Interconnection could be applied to other similar projects

142 Phase 2 of Land Registers Interconnection

The purpose of the LRI Phase 2 would be to progress towards making more on-line

searches in national land registers accessible and making them available to professional

users from other Member States under the same conditions as these searches are available

nationally

Therefore the characteristics of a Phase 2 could be

More focus on on-line research (bringing the LRs that were still off-line during

Phase 1 to deliver synchronous answers and therefore to reduce the administrative

burden due to the manual processing of requests)

Assigning specific and appropriate access rights to professional users including

the members of other Member Statesrsquo administrations

This Phase 2 can be introduced progressively the LRI system should be flexible and it

could be that some Member States will improve the quality of the on-line interconnection

already implemented in Phase 1 while others will switch to synchronous answers in Phase

2 and a remaining group will still prefer to deliver asynchronous responses only

The main issue that Phase 2 must solve is the requirement for professional users to prove

their professional capacity (notary lawyer etc) in order to be considered by the Member

State hosting the LR as if they were similar professional users from that Member State

The issue results from the fact that the Portal will not lsquoauthenticatersquo a user (ie as a Belgian

notary as a French geometer etc) To obtain such authentication it is needed that the

Portal requests a confirmation (ie an electronic certificate) from the relevant professional

body that is competent (in Belgium in France etc) to deliver such authentication In

addition it will be requested that the connected register recognises (has accredited has

trust in) this professional body as a legitimate and reliable source of authentication Last

but not least the authentication (or token certificate) must be delivered at the time of

submitting the query (and not earlier or at the time of registration because someone who is

a notary or a geometer today may resign the day after and not fulfil the conditions

anymore) Member States that have implemented specific on-line access for legal

37 Directive 201217EU amending Council Directive 89666EEC and Directives 200556EC and

2009101EC as regards the interconnection of central commercial and companies registers [OJ L 2012

13062012 p 156]

54

professions (eg France when providing access to the SPDC ndash Serveur professionnel de

Donneacutees Cadastrales) work in close connection with professional organisations The

process may be simplified by providing access to a lsquolaw firmrsquo (Notarial office or cabinet

or lsquoeacutetudersquo) the firm is indeed more lsquostableperennialrsquo than individual members and will be

responsible for providing access rights to staff members

It is easy to understand that such an interconnection is more complex to implement and

therefore requires a Phase 2

In addition to the interconnection with Land Registers the system must

interconnect with the relevant Member Statesrsquo administration or professional

organisations entitled to certify the professional use

The Phase 2 system is focused on a fully automated on-line service

As regards other questions all the lsquoacquisrsquo of Phase 1 will be usable in Phase 2 and this is

the reason why the two phases could co-exist

The process to implement would be as follows involving three components or lsquoactorsrsquo (as

explained in Questionnaire Nr 2)

The user located in a Member State A

The Portal (as the one-stop-shop platform and technical facilitator)

The investigated Land Register(s) located in Member State B (and possibly C D

E etc)

All Member States that participate in the Phase 2 service (including Member State lsquoBrsquo)

manage their own lsquoLRI service pagesrsquo on the e-Justice Portal (static information they

provide in order to inform users about available services and conditions) The Portal

provides translations of these pages A professional user from Member State lsquoArsquo (ie a

notary) registers on the Portal entry point and after readingagreeing on static

informationconditions provided by (one or more) Member State lsquoBrsquo asks for access to

Member State lsquoBrsquorsquos register(s)

When the professional character of the request needs to be authenticated (according to

Member State lsquoBrsquorsquos conditions) the portal requests authentication from the userrsquos home

state A (or professional organisation)

Figure 13 Implementation process

55

Member State lsquoArsquo (the government or the relevant professional organisation) confirms (or

not) that the user has at that time a specific role (ie is actually a notary a geometer a

person acting under professional secrecy) (If step 3 is true) Authentication is forwarded to

relevant Member State lsquoBrsquo(s)

Member State lsquoBrsquo assesses compliance according to an automated process (eg if step 3 is

true if the role is compliant with Member State lsquoBrsquo conditions) and decides to authorise (or

to refuse) access according to its own conditions When authorisation is given the user

fills in the appropriate query form and the relevant available land register communicates

the information The information is always communicated together with the applicable

disclaimer legal value conditions of use (as written by the providing Member State lsquoBrsquo)

Reusing the acquis of Phase 1 the Portal will facilitate the understanding (eg standard

translation of the provided information in so far these conditions are known in advance)

In case there is some fee to pay the electronic payment system implemented during Phase

1 is used (this could be done outside the e-Justice portal according to the appropriate

international payment standards)

143 Functionalities summary ndash progressive implementation

On the basis of the above recommendations in case a one-stop-shop LRI should be

implemented via (or in the framework of) the Portal the following functionalities were

identified

1431 Phase 1 functionalities

Registration ndash making possible for users to get registered (simple registration evolution of

the current one ndash target use of the payment system)

Improvements of static information ndash all interconnected registers have to clarify what

information should be provided to users before they use the service and what the legal

value of the information provided is

Search ndash the core use case of the system responsible for the execution of searches display

of relevant disclaimers information about land data cost of the search(es) and the final

response(s) The search form must be complemented by the declaration of legitimate

interest when requested

Translation of all fixed fields titles labels multiple choices legal value of information

ndash in search and response forms

Glossary - a multilingual taxonomy or LR terminology + highlighting lsquoglossary termsrsquo in

portal information

Payment ndash allowing submitting payment (pre-paidsubscription or post-paid) and

maintaining for each user its payment historyaccountinginvoices

Disclaimers management ndash enabling the management of disclaimers information about

land data and their translation to all EU languages

The improvement of static information (as described in the quick-win alternative scenario)

must take place in all cases because any LRI system must include both information pages

56

(describing the conditions for using the service the legal value and possible uses of

delivered information) and dynamic interaction (query form validation of entries provided

answers)

The elaboration of a one-stop-shop LRI platform could be performed by solving technical

interoperability and non-fundamental issues in order to allow the broad public to submit

queries that will be answered synchronous or asynchronous These issues are

Diversity (providing the correct information)

Terminology (the support glossary)

Legitimate interest (additional declaration form)

Payment system

1432 Phase 2 functionalities

Professional capacity certification ndash allowing Member Statesrsquo authorities and relevant

professional organisation to certify users according to their profession (building a lsquocircle of

trustrsquo at EU level)

Authentication ndash interconnecting relevant organisations in order to allow users to gain

authenticated access to LRI and on-line access to other Member Statesrsquo LRs as if they

were nationals of those other Member States

Access management ndash allowing a Member State to authorise access to the LR data

according to the submitterrsquos profession

In order to limit implementation costs it is suggested that Phase 2 provides for a gradual

implementation of the Land Registers Interconnection for professional users It should take

place with regard to authentication authorisation searches professional capacity

certification and payments without ignoring business needs Beyond the need to reach

common standards regarding the quality of justice overall in EU (for example when it is

about delivering rapidly a European Certificate of Succession or when enforcing decisions

in matters of matrimonial property regimes) the business needs will be considered when it

is about facilitating real estate transactions obtaining credit etc professional LR

interconnection with Member States where the highest number of real estate transactions

are operated will provide more return on investment from the economic point of view)

144 Alternative improving the Portal information (national pages)

This alternative is recommended for a Member State that will not participate in the LRI

pilot or as a preparationwaiting solution Improving the Portal information pages must be

done in any case (also when participating in LRI Phase 1 and 2) Indeed any LRI system

will always provide a mix of general (or lsquostaticrsquo) information (the service conditions the

way to proceed the legal value of provided information) and interactive (or lsquodynamicrsquo)

interaction This could be achieved by proposing to these Member States to make available

on their own LR system a standard query form in English which entails some mandatory

and optional fields that the user has to fill in for submitting a query and when possible for

obtaining an answer

Currently the e-Justice portal provides only static information regarding the national land

registers all Member States (except Croatia) have provided their national page However

57

in a majority of them the page simply reports the basic information on the land register

who manages it etc without always providing clear instructions on how to formulate a

query

In about 30 of the cases there is an obvious link to a search form to submit which may

be depending on a preliminary registration (obtaining an IDpassword in case the use of

the system is depending on the payment of a fee)

Figure 14 Portal search links

All Member States do have a LR system Nearly all of them (except LU where the process

seems ongoing) are digital systems however online access sometimes is reserved to the LR

administration only (using the database for answering questions from external requestors)

All systems should accept at least asynchronous requests when the database is not on-line

the competent administration is answering by mail (or e-mail) after checking whether the

appropriate conditions have been met

In order to make the submission of LR requests possible the simplest way for a basic one-

to-one interconnection could be organised in a few steps

Providing in the Portal national (Member State) pages at least the information on

lsquohow and where to submit a queryrsquo

Providing a basic query form (and a registration form when applicable) in English

in addition to the national language(s)

Validating the form against national criteria and processing it on-line (when the

system is available) or at least in an asynchronous way if the system is not on-line

the answer being provided after a delay (needed for checking conditionsverification

etc)

This lsquoquick-winrsquo alternative improvement includes no harmonisation of technical

infrastructure (each Member State maintains its form) However the form could be

elaborated based on a lsquogood practice templatersquo proposed by the European Commission and

similar to the LRI template This requests no Portal architecture modification (each

Member State updates its own LR national page) and no coordination regarding the

payment processes (when applicable each Member State proposes its own payment

facilities selection that exists currently based on the use of creditdebit card andor on a

system of pre-payment)

28

18

54

Easy link to search form

Indirect link (after navigation)

No clear intructions

58

An example of lsquogood practicersquo (combining static and dynamic information) the UK

(England) site httpwwwlandregistrygovukpublicproperty-ownership

Before you use this service

The documents you buy online are not admissible in court as evidence

For this you will need to order official copies of the title register andor title plan by post

You will be asked to register once you are ready to purchase

To order you will need a valid debit or credit card a valid email address and Adobe

Acrobat Reader

The service will only provide details of land and properties that are registered It will not

reveal certain non-residential registered titles such as tunnels pipelines mines and

minerals and airspace leases

Search with full address

Search without full address

Similarly the national web site lsquostatic informationrsquo could address the most basic questions

from users as follows

Figure 15 Example from the EnglandWales website

59

The following advantages could be identified

The improvement needs no common technical platformharmonisation (outside

the current Portal and a link to create in the relevant national page)

It is compatible with both synchronous and asynchronous (off-line) access

It could be based on lsquorecommendedrsquo templates (ie similar to the Phase 1 LRI

template possibly validated by the e-Justice working party)

The Commission may provide some support for translation of forms and static

information

Some national systems (for example Spain with the application lsquoRegistradores de

Espantildearsquo) have already implemented good quality query facilities (including an

interface in English)

There are however several issues related to this alternative solution

This approach is not leading to a lsquoone stop-shoprsquo based on a unique architecture

but is a system of links leading to the relevant LR interface (this is not matching

the Portal objective which according to the e-Justice action plan recital 31amp33

states lsquothe Portal cannot merely be a collection of links but should implement a

one stop shop service for justice providing access to national functionalities by

means of a user-friendly multilingual interface making them understandable to the

European citizensrsquo

There is no common registration system (users must process registration in each

Member State meaning that an additional registration form should be provided)

This approach enables answering to requests from lsquoeveryonersquo (the broad public)

when the request is focused on property data (address or parcel number) but it

will be much more difficult to open the way for providing to professional users

the same conditions under which these searches are available nationally for

registered justice professionals (eg authenticated notaries with direct and

exclusive on-line access to their national system) The access management could

be discriminatory or based on bi-lateral agreements (eg permitting searching on

personal data lsquoall properties owned by Xrsquo) Therefore a fundamental objective

stated in recital 32 of the e-Justice Action plan may not be addressed (lsquothe Portal

will permit by means of a uniform authentication procedure to open up for

members of the legal professions the various functionalities reserved for them to

which they will have differentiated access rights It should be advisable to provide

for such a possibility for authentication for non-professionals alsorsquo) At the

contrary the Phase 1 approach that is based on a common platform (the Portal)

where the implemented architecture must support the multiple interconnections

needed will open the way for progressive implementation of Phase 2

Requesting from Member State some template-based interface in a lsquolingua francarsquo

(ie English in addition to national language(s)) is politically sensitive

The use of each national system separately means no possibilities to cover lsquonrsquo

Member States with a single query when it could be neededapplicable

The advantages of a commoninteroperable solution for payments (that may

include a global accounting of all requests global invoices for fees due to all

participating registers etc) are absent

Translation of provided answers remains an issue (in so far as and as long as

answers will be provided in the registerrsquos native language) However one existing

60

national site (Registradores de Espantildea) proposes translation of the provided

information according to a fee per line or for a lump sum

Other national sites could adopt a similar policy (providing translation for a fee to

combine with glossaries for the translation of fixed forms labels multiple choice

options standard disclaimers etc)

61 279

2 Part II Architecture Overview

21 Introduction

211 Purpose

This lsquoArchitecture Overviewrsquo document is a draft revision of the contractual deliverable

produced in the scope of the lsquoTask no 2 ndash Technical implementation analysis with

alternativesrsquo of the Land Registers Interconnection ndash feasibility and implementation analysis

It presents the current understanding with the prospect of further evolution and fine-tuning

as analysis progresses and additional information becomes available

This document has been drafted with the intention to communicate to its reader a conceptual

understanding of the architectural goals provide a high-level vision of the architecture

alternatives and their scope and evaluate the advantages and disadvantages of each

architectural approach Furthermore this document aims to ensure that there is a single

authoritative source for communicating key decisions made about the architectures proposed

in the context of this feasibility study

212 Scope

The scope of this document is to define clearly and in detail each architectural alternative to

allow project stakeholders to decide whether it is technically feasible to implement the Land

Registers Interconnection Network Thus it is in the scope of this document to

Provide a detailed description of the architectural decisions drawn including their

justification alternatives that have been considered and other relevant information

Monitor the status of the architectural decisions

Identify (where applicable) additional requirements or constraints introduced by the

architectural decisions

Provide a clear overview of each alternative within which all architecture-significant

elements are identified

Describe these architecture significant elements and other relevant key concepts in

detail (for example the common communication protocol)

Estimate performance volumetric and resilience requirements

Identify and address concerns relevant to protection of personal data and security

Sketch a potential migration and roll-out roadmap between the alternative architectures

Provide an indicative cost estimate for each alternative

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of each alternative In particular it is not in the scope of

this document to provide

A detailed specification of the common communication protocol to be employed

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

62 279

A detailed fit-gap analysis establishing the actions required so as to integrate EULIS

into alternatives 2 or 3

A detailed security analysis for the proposed alternatives

213 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo

In addition the readers of this document should have an understanding of EULIS v20 and its

capabilities

Please note that this document is primarily intended for software architects and analysts

However the format and language used remains conceptual and does not require additional

technical knowledge

214 Overview of the document

The current document is structured according to the RUPEC v50 methodology and based

on the template provided by the European Commission

However in order to properly address all concerns and requirements that have been raised in

the Technical Annex lsquoLand Registers Interconnection ndash feasibility and implementation

analysisrsquo the pre-defined sections of the document have been revised as follows

Compliance and Re-usable Architectural Assets sections are maintained as such and

cover their pre-defined aspects

Information System Description is reduced so as to provide the information elements

relevant to this study In the original template this section includes several sub-sections

that allow the clear definition of a system with existing technical assets and to

specifically define several quality elements (such as a requirements on a systemrsquos

performance resilience etc) Some of these elements (in particular the performance

aspect) are covered in sections lsquoPerformance and volumetric estimationsrsquo and

lsquoSolution resilience concernsrsquo

Architecture overviews provides the goals of the proposed architectures as well as the

architectural decisions driving their design it contains high level architecture sketches

for all three alternatives explored in the context of this study furthermore it provides a

detailed explanation of the elements appearing in all three solutions For each concept

explained its notation from the preceding diagrams is also presented to further

facilitate the readerrsquos understanding In case a concept is not relevant for all

architecture alternatives a clear demarcation is added informing the reader to which

alternative the concept is relevant

The following sections have been added

Alternatives evaluation which presents the perceived advantages and disadvantages

of each architectural alternative

63 279

Detailed cost estimation which establishes a baseline of effort for implementing

supporting and extending each alternative explored and based on these estimates

provides cost estimation for each

Migration approaches which explores the approach to be followed from migration

from a given architecture to another (based on the migration choices set on the

Technical Annex)

Performance and volumetric estimations which provides volumetric estimations

according to the information provided by Member States in Questionnaire n 3 and

establishes a set of performance requirements relevant to all alternatives

Solution resilience concerns which identifies the expected resilience of the system

and establishes requirements relevant to this subject for all alternatives

The following optional sections have been removed (as non-relevant) in the context of this

study

Document Management Compliance

OLAF Compliance

22 Information System Description

221 Information System Position Statement

For The EJP users (citizens businesses legal practitioners and the

judiciary) in the domain of Justice

Who

Need to acquire information relevant to Land Registers using the

one-stop-shop entry point to information already provided by the

EJP related to Justice at European and national Member State

levels

That Provides land registers related information and access to online

procedures

Unlike The various existing websites and systems which are available in

limited languages and support queries only to specific countries

Our Information

System

Aspires to provide different groups of users with a single entry

point in their language for all land registers related information

and online procedures

23 Compliance

231 Data Protection Compliance

In regard to Personal Data the architecture alternatives analysed in this document are

designed so that the Portal and any other component managed by DG JUST in the context of

LRI does not permanently store any personal data

It is expected however that the Portal may process such data as for example when submitting

a query containing personal data to its intended recipient In addition if it is deemed required

for technical reasons the Portal may temporarily store such data within the end userrsquos

session in which case the data are to be removed once the session is invalidated (eg when

the user logs out) or expired

64 279

24 Architecture Overview

241 Architectural Goals

The proposed architectures have been drafted with the following goals in mind

The criteria set for each alternative in the projectrsquos lsquoTerms of Referencersquo (see REF1)

are observed

The high level Business Case described in the lsquoConsolidation and extension of the

existing business analysis reportrsquo (see REF3) can be realised

The proposed solutions are flexible so that it may be possible to extend them if needed in the

future

The level of participation can be extended from the one achieved in previous efforts

242 Architecture Decisions

2421 Architecturally Significant Requirements

The proposed architecture alternatives presented later in this document conform to the

following requirements which have been identified in the conclusions drawn in REF3 Please

note that the intention is to define the high level requirements to which any of the architecture

alternatives must comply with in order to achieve the goals set earlier in this section

It is not the intention to provide a detailed set of architectural requirements that may be

immediately used for developing any of the proposed alternatives indeed it is expected that

in case the LRI progresses into development further detailed analysis will be required before

development can commence

ID Requirement Description

AR-001 Search capability The main goal of the LRI is to enable its end users to submit

queries relevant to Land Registers information to all

Member States participating in the interconnection

AR-002 Harmonisation In order to achieve the high level Business Case it is

important to ensure that the interconnection participants use

a common protocol of communication and the information

exchanged can be understood by its recipient regardless of

the information source

AR-003 Single entry point In the spirit of lsquoone-stop-shop for judicial mattersrsquo that the

European e-Justice Portal builds upon all services provided

by LRI to its end users need to be exposed through its

graphical user interface

AR-004 Support for

diversity and

gradual roll-out

One of the most important conclusions drawn in REF3 is

that the business landscape is quite diverse in various aspects

(quantity of information quality of information constraints

of accessing the information fees required etc) With that in

mind it is important to support this diversity while at the

same time ensuring that the maximum level of

harmonisation (AR-002) is achieved

65 279

ID Requirement Description

Furthermore given the varying levels of technical and

functional capability of the potential participants the

proposed solutions need to also consider an approach for

gradual roll-out

AR-005 Access Control The proposed solutions need to support the access control

policies of all the potential participants which range from

public access (ie no access control to the information) to

access allowed only to specific professionals

AR-006 Payment for

rendered services

As identified in REF3 the majority of Member States that

responded in the LRI questionnaires require a fee for the

services they provide Given that and in the spirit of AR-

004 the proposed solutions need to foresee that in addition

to any other access control policies a participant is enabled

to implement a payment scheme and control access to the

provided information according to it

AR-007 Personal data

protection

Given the nature of LRI it may be the case that its end users

use information that leads to the identification of a single

individual (such as his forename surname etc) With that in

mind the proposed solutions need to be designed in such a

way so that information that can be categorised as lsquopersonal

datarsquo is protected Table 2 Architecture significant requirements

2422 Architectural Constraints

The following constraints have been identified

ID Requirement Description

AC-001 DG JUST to only

act as facilitator

One of the most basic constraints to be taken under

consideration for any architecture alternative is that DG

JUST acts only as a facilitator of the LRI Thus the

proposed solutions should not foresee processes or assets

that require DG JUST to take direct actions in place of a

participant (eg validate a payment identify the profession

of an LRI end user etc)

AC-002 LRI only supports

information

dissemination

The main intention of the LRI is to provide an entry point

that can be used by interested parties to submit queries for

Land Registers information to LRI participants It thus must

be stressed that it is not the intention to facilitate additional

actions relevant to the manipulation of the provided

information such as submissions of updated information

either between participants or between a participant and an

end user

AC-003 Re-use of existing

assets

Several of the problems tackled by the LRI architectures

share similarities (or are the same) with the ones solved

already by previous projects of the EC Given that it is

important to take such assets under consideration regardless

of their nature (eg technical such as the EULIS Platform or

the INSPIRE directive)

66 279

ID Requirement Description

AC-004 Choice of

technology

Even though it is not in the scope of this document to

precisely define technical assets (as in explicitly define a

particular library database or operating system) it is

required to identify the technological basis upon which the

proposed architectures can be developed With that in mind

it is important to ensure that this technological basis

represents the lsquolowest common denominatorrsquo of the

technologies supported by the potential participants of the

LRI In addition it must be ensured that the technology basis

is composed of components that do not introduce licensing

concerns (eg the technology base should consist mainly of

open source components) Table 3 Architecture constraints

2423 General Findings and Recommendations

The following table summarises the architectural decisions that have been drawn during the

development of the various alternatives These decisions steered the proposed solutions and

take under consideration the goals requirements and constraints expressed in this document

as well as feedback received from the various stakeholders

ID Subject Area Decision Status38

Last Update

AD-001 Interconnection

Architecture

The interconnection

architecture to be followed is

semi-centralised based on a

star topology where a central

hub is used as the medium for

exchanging messages with

participants

In addition some central

components are put in place

to further facilitate message

exchanges

Important tasks such as

authorisation to access

content certification of a

userrsquos professional capacity

DM 06052014

38 The following codes indicate the status of decisions

DM ndash decision made The decision or recommendation has been made having weighed up the

alternatives and stated the justification

AD ndash awaiting decision All information has been gathered to make the decision but no final decision

has yet been made

AI ndash awaiting information More information is needed before a decision can be made

67 279

ID Subject Area Decision Status38

Last Update

(when required) payments

handling etc are expected to

be handled by competent

entities (including

organisations authorities etc)

that may act as peers in the

interconnection

AD-002 Communication

protocol

In order to implement a semi-

centralised interconnection a

common communication

protocol using SOAP-based

web services and supporting a

versioning scheme facilitating

gradual roll-out will be

defined

DM 01072014

AD-003 Communication

mode

The communication mode

used for information

exchanges will be a hybrid

mode using synchronous

communication for technical

calls whereas functional

responses may use either

synchronous or asynchronous

calls

DM 01072014

AD-004 Professional

Capacity

Certification

The professional capacity

certification of an LRI end

user when required is

carried out by a competent

entity with the facilitation of

EJP and using the Land

Registers Interconnection

peer available in the Member

State of the user

In order to certify the

Requesterrsquos professional

capacity the users Member

State of origin will have to

perform a registration

process Once this process is

completed the Requesterrsquos

Member State of origin is

enabled to certify the users

professional capacity when

requested by the EJP using

as input an attribute of the

Requesterrsquos ECAS account

(eg his e-mail)

DM 06052014

AD-005 Query Each participant of the LRI DM 01072014

68 279

ID Subject Area Decision Status38

Last Update

Authorisation provides the LRI Hub with an

authorisation scheme for

query submissions This

scheme is used by the LRI

Hub (and subsequently the

EJP) with the intention to

identify what query

parameters are available

what information is provided

by the participant in response

along with any additional

requirements that the

participant may set in order to

accept a query or provide a

response (eg specific

professional capacity

payment etc)

This process is modelled as

part of the common

communication protocol and

is carried out automatically

AD-006 Information

Structure

Standards

The structure of the

information to be exchanged

between LRI participants and

the LRI Hub is modelled in a

way that takes under

consideration as much as

possible the appropriate

thematic data specifications

and dictionaries of the

INSPIRE directive however

the intention is not to create a

data structure that is fully

compliant with or directly

depending on INSPIRE

DM 01072014

AD-007 Authentication

of an LRI end

userrsquos

professional

capacity

The LRI end userrsquos

professional capacity is to be

authenticated using a digitally

signed token provided by a

competent entity

At a minimum this token will

be signed using an X509

certificate issued by a trusted

Certification Authority

DM 01072014

Table 4 General architectural findings and recommendations

69 279

24231 Architectural Decision AD-001

Subject Area Interconnection Architecture Topic Interconnection

Architectural

Decision

The interconnection architecture to be

followed is a semi-centralised architecture

based on a star topology where a central hub

is used as the medium for exchanging

messages with participants

In addition some central components are put

in place to further facilitate message

exchanges

Important tasks such as authorisation to access

content certification of a userrsquos professional

capacity payments handling etc are expected

to be handled by competent entities (including

organisations authorities etc) that may act as

peers in the interconnection

ID AD-001

Issue or

Problem

Statement

Given its nature the Land Registers interconnection falls under the category

of Enterprise Integration projects In this category different architectural

approaches exist each with its own benefits and shortcomings It is thus

important to identify candidate architecture paradigms and to decide which

is the most appropriate for the Land Registers Interconnection

Assumptions No particular assumptions where used for this decision

Motivation This decision is important as it defines the basis of the proposed

architectures

Alternatives No other alternatives are considered at this time

Justification The decision to follow this architectural approach is considered appropriate

for the following reasons

a Following this approach the participating Member States remain at all

times the owners of their information and control who can access it and

under what conditions

b Existing processes (for example certifying the professional capacity of a

given user) that are already in place by the participants can be re-used

c The effort and resources required for managing and maintaining the

central components are reduced because existing technical assets of the

participating Member States are re-used

d Several central technical assets already exist and can facilitate LRI

exchanges For example the EJP will play the role of entry point for

retrieving Land Register data from participating Member States

e If required additional existing central technical assets may also be

introduced (eg ECAS ndash the European Commission solution for

authentication)

70 279

Implications Following a semi-centralised approach has the following implications

a Troubleshooting connectivity or similar interconnection issues may

become harder

b Depending upon the technical capability and capacity of the

participating Member States additional effort may be required initially

so as to set-up the LRI peer

c Depending on the architectural alternative followed it may be required

to revise EULIS so that it is conformant with this decision Indeed

EULIS is designed following an approach similar to the one described

earlier however some information elements (such as billing) are

controlled centrally by EULIS in these cases effort will be required so

as to identify and implement potential work-around

Derived

requirements

None

Related

Decisions

None

24232 Architectural Decision AD-002

Subject Area Communication protocol Topic Interconnection

Architectural

Decision

In order to implement a semi-centralised

interconnection a common communication

protocol using SOAP-based web services and

supporting a versioning scheme facilitating

gradual roll-out will be defined

ID AD-002

Issue or

Problem

Statement

When integrating information systems following a semi-centralised

approach one of the most important tasks is to establish the information

structures used for data exchanges between them as well as the kinematics

followed to perform these exchanges

Assumptions It is assumed that it is possible to draw a set of information structures that

can be used for the definition of a common communication protocol

Motivation Establishing a common communication protocol as early as possible in the

projectrsquos lifecycle is important as it drives several important elements of

the architecture definition (eg elements and capabilities required to

implement the protocol policies that need to be put in place for the protocol

to work etc)

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a A common communication protocol using open standards (such as

SOAP-based web services) and supporting a versioning scheme for

backward compatibility

b A customised communication protocol per participant In this case a

central component is responsible for receiving requests and translating

them to the format and protocol expected by the recipient

71 279

Subject Area Communication protocol Topic Interconnection

Justification Option (a) is the preferred approach for the Land Registers Interconnection

From a technical point of view using a common communication protocol

reduces the effort required in order to establish information exchanges

between the Portal and Land Register Interconnection peers In addition

any change on the protocol will be global (ie will be valid for all

participants of the Land Registers Interconnection) thus simplifying the

maintenance and further evolution of the solution

This last advantage of option (a) introduces one complexity although in

case a change is to be introduced in the protocol all participants will have

to simultaneously implement it and deploy it This problem is mitigated by

the introduction of the backward compatibility feature which diminishes

the need of a lsquobig bangrsquo approach when rolling out changes and allows

some flexibility to Land Register Interconnection participants in regard to

the implementation timeframe

With the aforementioned advantages in mind a customised communication

protocol is not favoured as it implies a substantial increase in effort not

only for DG JUST but potentially also for the Member States both in terms

of development as well as maintenance This would require that the central

component be capable of utilising 28 potentially different formats for

information exchanges

In addition these formats are not controlled directly by the implementers of

the central component (ie DG JUST) but rather from the Land Register

Interconnection participants which may introduce additional complexities

as each participant may choose to further develop or change his protocol

according to his needs and following his own implementation and rollout

plan

Given these factors it may prove impossible to manage such changes for

the implementers of the central component in a timely fashion or

substantial resources may be required in order to ensure that information

exchanges are possible

72 279

Subject Area Communication protocol Topic Interconnection

Implications a Each participant must implement a set of services according to a

common specification so as to exchange information in the Land

Registers network

b A process for the verification of conformity needs to be devised so as to

ensure that a given implementation can indeed participate in Land

Registers exchanges

c Depending on the standards and the architectural alternative followed

the EULIS implementation may have to be revised in order to conform

to the common communication protocol

d One of the main requirements for being able to establish a common

communication protocol is the ability to normalise the information

exchanged between participants However the information currently

stored in National Land Register systems is diverse Thus a dictionary

will have to be introduced in order to ensure semantic equivalence in

Land Registers Information exchanges

Derived

requirements

AD-006

Related

Decisions

None

24233 Architectural Decision AD-003

Subject Area Communication mode Topic Interconnection

Architectural

Decision

The communication mode used for information

exchanges will be a hybrid mode using

synchronous communication for technical calls

whereas functional responses may use either

synchronous or asynchronous calls

ID AD-003

Issue or

Problem

Statement

The communication mode employed between integrated information

systems is essential for defining exact behaviours both for low-level

technical invocations (eg opening a socket to a server with the intent to

write a stream of data) as well as functional calls (eg submit a search query

using a web service receive the query result in a subsequent asynchronous

invocation triggered by the initial recipient)

Assumptions It is assumed that the open standards used for defining the common

communication protocol can support both synchronous and asynchronous

invocations

Motivation Defining the communication mode is an important element that needs to be

taken into consideration since proper definition drives the technical and

functional capabilities available when defining the kinematics of the

common communication protocol Lastly it is necessary to provide a

uniform experience to the user regardless of the communication mode

followed

73 279

Alternatives The following alternatives have been considered for the communication

protocol to be used in the context of Land Registers

a Synchronous communication mode both technical invocations and

functional calls are synchronous

b Hybrid mode technical invocations are synchronous whereas

functional calls may be either asynchronous or synchronous

Justification Option (b) is considered to be the preferable approach

Both options are similar in regards to the technical invocation part Indeed

synchronous technical invocations are required to ensure that a peer acting

as a recipient of a call immediately informs a peer acting as sender that an

invocation has been well received and will be subsequently processed

However option (b) adds flexibility on the recipientrsquos side as it allows a

variety of potential implementations to be used For example the level of

automation and technical capability of some Member States may allow them

to perform most operations synchronously (ie synchronous responses to

functional calls) whereas other Member States may have to implement

semi-automated (eg the recipient peer requires a human actor to first

manually authorise a response) or fully manual (eg a human operator

receives the request and manually issues a result) operations which call for

asynchronous responses

Lastly another benefit of the hybrid mode is the fact that it allows the

submission of the same search query to multiple Member States at the in one

action practically an end user can submit a single query to multiple peers at

the same time and receive responses as soon as each peer is able to respond

74 279

Implications a By definition the kinematics implied when following a communication

mode such as the one decided are more complex since the sender must

also implement an entry point for receiving responses for each

asynchronous functional call made Specifically assuming that a peer

acting as sender uses a service called lsquosubmitSearchQueryrsquo exposed by

another peer acting as a recipient has to also implement a service called

lsquoreceiveSearchResultrsquo which the recipient can use to communicate the

results for the query submitted

b The introduction of asynchronous functional calls requires the

introduction of control points to ensure that once a call is made a

response is provided by the recipient within a reasonable time-frame

Given the absence of a specific regulation mandating the answer to be

provided within a pre-defined timeframe it is up to the network

participants to respect the time-frames defined as part of the kinematics

of the common communication protocol Furthermore it is essential that

a third party (ie DG JUST) closely monitor these control points and

publish usage statistics with the interest of maintaining and enhancing

the service provided by the network

c Depending on the architectural alternative followed it may be initially

required to reduce the asynchronous functional calls so as to preserve

backward compatibility with the EULIS platform due to the fact that

EULIS is designed using a synchronous approach (at least as far as

search queries are concerned)

d The introduction of asynchronous calls for submitting search queries

will deny this capability to guest (ie non-registered not logged-in) EJP

users Using asynchronous functional calls mandates the existence of a

context bound to the user initiating such a call so as to ensure that the

response received at a later time can be delivered appropriately

Derived

requirements

None

Related

Decisions

None

24234 Architectural Decision AD-004

Subject Area Professional Capacity Certification Topic Security

Architectural

Decision

The professional capacity certification of an

LRI end user when required is carried out

by a competent entity This entity may be an

LR authority of the end userrsquos Member State

of origin the LR authority receiving the

request or more generally general any other

entity that is considered trustworthy to

provide this information The EJP LRI Hub

and potentially the LRI Peer may facilitate

this process

ID AD-004

75 279

In order to provide such a certification the

competent entity may have to perform a

registration process with the intent to identify

unequivocally the end userrsquos professional

capacity Upon successful completion it is

expected that the competent entity is capable

of providing a certificate proving the end

userrsquos professional capacity when requested

by the EJP and if such a certification is

required by the participant that is queried

using as input an attribute of the end userrsquos

ECAS account (eg his e-mail)

Issue or

Problem

Statement

Some of the services to be provided by the Portal as part of the Land

Registers Interconnection Network module are only available to

authenticated users whose professional role (for example notary) has to be

identified and certified However it is not in the jurisdiction of DG JUST

to validate a userrsquos claim that he is indeed such a professional

Assumptions It is assumed that if adequate information is gathered during a registration

process Member States are in position to properly identify and certify the

userrsquos professional capacity

Motivation It is important to devise an approach that ensures the non-disputable

identification and certification of the userrsquos professional capacity

Alternatives No other alternatives are considered at this time

Justification The approach taken fully supports the existing identification and

certification processes and policies implemented by Member States and in

addition leverages and re-uses existing facilities both in DG JUST (for

example the EJP ECAS etc) as well as in Member States

It allows Member States to handle their own control points such as an

expiration date to the registration which can help addressing the automated

or semi-automated process of identification revocation

Implications a The EJP will be dependent on a set of services not managed by DG

JUST in order to offer access to specific parts of the Land Registers

Interconnection It is thus required to identify the availability

scalability and security of these services and ensure that they are

conformant with the ones established for the EJP

b Depending on the standards and the architectural alternative followed

it may be required that the EULIS platform is revised so as to comply

with this decision as the current solution does not currently support

such an identificationauthentication scheme However assuming that

the alternative chosen incorporates EULIS it may be the case that the

EULIS platform is not used for queries that require elevated security

access

Derived

requirements

None

Related

Decisions

None

76 279

24235 Architectural Decision AD-005

Subject Area Query Authorisation Topic Security

Architectural

Decision

Each participant of the LRI provides an

authorisation scheme to the LRI Hub for

query submissions This scheme is used by

the LRI Hub (and subsequently the EJP)

with the intention to identify what query

parameters are available what information is

provided by the participant as response and

any additional requirements that the

participant may set in order to accept a query

or provide a response (eg specific

professional capacity payment etc)

This process is modelled as part of the

common communication protocol and is

carried out automatically

ID AD-005

Issue or

Problem

Statement

The policies (mandated by legal frameworks decisions etc) followed by

Member States regarding the provision of access to Land Registers

information are diverse The Land Registers interconnection must ensure

proper implementation of these query authorisation policies

Assumptions It is assumed that the outcome of evaluating a policy can be normalised

within the common communication protocol used for LRI exchanges For

example a rejection of a query for a specific reason can be interpreted in

all cases as lsquoFailure to execute the query due to Member State specific

policiesrsquo

Motivation This decision is fundamental for ensuring that Member States retain the

full control of the policies utilised when providing individuals from other

Member States with access to their Land Register information

Alternatives The following alternatives are considered

a The query authorisation process of each Member State is exhaustively

analysed and implemented within the Portal as part of the querying

process

b Each Member State participating in the LRI will be responsible for

providing its authorisation policy for query submissions to the Portal

This action is modelled as part of the common communication

protocol and will be carried out automatically before the requester is

allowed to submit a query

77 279

Justification Option (b) is considered to be the preferable approach

This decision is conformant with the general approach outlined in AD-

001 which foresees that Member States participating in the LRI will

remain in complete control of their Land Register data

Following the proposed approach allows Member States to demarcate

who can access their information (eg any user only professionals etc)

under which conditions (eg free access to all content pay-per-use

monthly or yearly subscription with the acceptance of specific terms and

conditions etc) and in which way (eg complete set of information

provided only a sub-set provided possibility to run queries using a

reduced number of parameters etc)

Implications a Implementing the authorisation process in a fully automated way may

be difficult to model and maintain for Member States

b Depending on the architecture alternative chosen and given that

EULIS currently does not support using query authorisation schemes

it will have to be revised in order to comply with this decision

Alternatively it may be the case that EULIS is not used for queries that

require authorisation to take place

Derived

requirements

None

Related

Decisions

None

24236 Architectural Decision AD-006

Subject Area Information Structure Standards Topic Interconnectio

n

Architectural

Decision

In the cases where Land Registers

information is exchanged between LRI

participants and the LRI Hub its structure is

modelled taking into consideration as much

as possible the appropriate thematic data

specifications and dictionaries of the

INSPIRE directive However the intention

is not to create a data structure that is fully

compliant with or directly depends on

INSPIRE

ID AD-006

Issue or

Problem

Statement

Given the nature of the Land Registers Interconnection and in particular

with the introduction of the common communication protocol an

information structure standard needs to be defined along with one or more

dictionaries for concepts used in the information exchanges

However given the specificities of the information exchanged and the

context (ie deployment of the interconnection as a module in the EJP)

further investigation is required in order to ensure that the standards and

dictionaries defined are fit-for-purpose and extensible

78 279

Assumptions The same assumptions made for AD-002 are valid for this Architectural

Decision

Motivation The main motivation for this decision is to investigate potential standards

and dictionary candidates and evaluate their fitness for using them while

defining the information structure employed by the common

communication protocol

Alternatives The following alternatives are considered

a Design the solution so as to be fully conformant with appropriate

thematic data specifications of the INSPIRE directive

b The structure of the information to be exchanged between LRI

participants and the LRI Hub is modelled taking into consideration

as much as possible the appropriate thematic data specifications and

dictionaries of the INSPIRE directive However the intention is not

to create a data structure that is fully compliant with or directly

depends on INSPIRE

c Defining a lsquogreenfieldrsquo standard and dictionaries for implementing

the information exchanges according to the specific needs of Land

Registers Interconnection

Justification Given the responses provided by Member States in Questionnaire n 3

(see also appendix 2 in this document) in regard to their current INSPIRE

compliancy as well as the implementation roadmap and further keeping

in mind the information diversity identified it is identified that the most

appropriate approach at this point in time is to proceed with alternative

(b)

The intention of this approach is that the information structure supporting

LRI exchanges (and more specifically Land Registers information) is

modelled after a mature standard whilst allowing enough flexibility to

take into account the variance in the adoption of INSPIRE by Member

States It therefore becomes possible for Member States that are already

supporting INSPIRE to easily transform their information into the LRI

format whilst at the same time Member States that do not yet support

INSPIRE can still participate in LRI without having first to become fully

compliant with the specification

Lastly this approach allows the introduction of a gradual approach in the

adoption of INSPIRE for LRI as a whole without first becoming

compliant with INSPIRE

79 279

Implications The immediate implications of this decision are the following

a Due to the complexity of INSPIRE and the width of the scope the

individuals involved in the design of the LRI information

structure need to have a sound understanding of the specification

so as to be able to re-use or use as basis the most appropriate

parts of it

b Even though the LRI information structure is not directly bound to

INSPIRE it is still necessary to closely monitor changes in that

specification and evaluate whether it would make sense to

introduce them in to the LRI information structure

c As a separate specification the LRI information structure may

eventually evolve in a different way to INSPIRE To avoid this it

is recommended that the LRI information structure is modularised

into themes (in a similar fashion with INSPIRE) so that the parts

that are common or similar with INSPIRE are isolated from other

components that may be LRI specific (eg payments)

Derived

requirements

None

Related

Decisions

AD-002

24237 Architectural Decision AD-007

Subject Area Authentication of an LRI end userrsquos

professional capacity

Topic Security

Architectural

Decision

The LRI end userrsquos professional capacity is

to be authenticated using a digitally signed

token provided by a competent entity

At a minimum this token will be signed

using an X509 certificate issued by a

trusted Certification Authority

ID AD-007

Issue or

Problem

Statement

The majority of Member States responding to Questionnaire n 2

answered positively when asked whether it would be acceptable to them

if a Requesterrsquos role is authenticated by his Member State of origin

Given this the Land Registers Interconnection must provide a process

allowing this information to be exchanged between Member States

Assumptions It is assumed that

The Requesterrsquos Member State of origin already has or is able to

implement a registration process that the Requester must undergo

in order to validate the Requesterrsquos role This process does not

have to be fully automated as long as the Requesterrsquos Member

State can provide this information when requested

The Requesterrsquos Member State currently has access or will have

access in the future to technical tools that allow digitally signing

information

80 279

Motivation It is required to define a technical process that can securely and

unequivocally transmit an authentication token containing the

Requesterrsquos role validated by his Member State of origin

Alternatives No alternatives identified at this time

Justification Reliably identifying a user using a digital signature is an industry standard

practice

Furthermore given the context of Land Registers Interconnection where

a large amount of participants wish to ensure that the information

exchanged between them indeed originates from the stated sender the

preferred approach is to use certificates issues by trusted Certification

Authorities so as to avoid the problem of each participant having to

exchange certificates with all other participants in a secure way

In practice the introduction of a trusted third party (ie the Certification

Authority) simplifies the procedure as the validity of a given digital

signature is checked by the recipient by checking whether the certificate

used is issued by a trusted third party without requiring the prior secure

exchange of the senderrsquos Public Certificate

Implications This section will be further developed once a final decision is made

Derived

requirements

None

Related

Decisions

None

243 Architecture Overviews

The following sections of this document provide an overview of the proposed architectures

for the various alternatives requested in REF1

Each alternative is described in its own sub-section initially with a diagram based on

Archimate 20 notation (see REF4) where the solution overview is presented and

subsequently with a table providing details on the key concepts shown in the diagram For

the sake of brevity details for concepts that appear in the following overviews multiple times

are only presented once with the exception of cases where a concept is used in a different

way

81 279

2431 Alternative 1 The European e-Justice Portal develops its own solution

for interconnection

The intention of this alternative is to showcase the possibility of the EJP

developing its own solution for the LRI without re-using the EULIS platform

24311 Proposed solution overview for alternative 1

Figure 16 Alternative 1 Architecture Overview

24312 Key concepts of alternative 1 proposed solution

Name Documentation

Authorisation A service module included in the Common Communication

Protocol which includes services relevant to query authorisation

Such services may include the submission of a userrsquos role (for

example notary Portal registered user etc) or other related

information (eg the userrsquos Member State) prior to the submission of

a query informing the Portal to ask the user to accept specific terms

or conditions depending on the peerrsquos authorisation scheme

allowing the Portal to submit the userrsquos acceptance to the terms and

conditions mandated by the peer for accessing Land Register data

etc

Certification A service module included in the Common Communication

Protocol which provides services relevant to the identification and

certification of an LRI end userrsquos professional capacity Services

included in this module allow the submission of professional

82 279

Name Documentation

capacity certification requests from the EJP towards the peer and

may provide various kinematics such as requesting the EJP to

inform the user that the identification process has been concluded

requesting the user to submit additional information required for the

registration to take place informing the user that the peer cannot

register him etc

It must be noted that this service may be realised already by a

competent entity however without following the technical

specifications of the LRI Common Communication Protocol (for

example this case may occur if CNUE is utilised for certifying

notaries) In such cases it is up to the LRI ESB to perform all

actions necessary so as to submit the request according to the

specifications of the service provided by the competent entity and

handle the response provided by it

Common

Communication

Protocol

Establishing a common communication protocol is essential for

realising the interconnection scheme envisaged for the Land

Registers Interconnection Network

In principle this protocol must foresee all common operations that

are expected to be supported by each peer participating in the

network These operations are further grouped into logical service

modules each relevant to the functional purpose it serves

While drafting these service modules the following key elements

are taken into consideration

A peer may be able to handle requests relevant to the

certification of a userrsquos professional capacity In this context

the peer may also be able to handle registration requests

which are used to initially identify a given userrsquos

professional capacity In this case the peer may respond

either synchronously or asynchronously in which case the

peer should provide synchronously to the hub an expected

deadline for performing the identification process On the

other hand the authentication response must be

synchronous

A peer may be able to provide a query authorisation scheme

to the EJP Doing so allows the Portal to take functional

decisions eg when to allow users to submit queries what

are the allowed queries per user professional capacity etc

A peer may be able to respond either synchronously or

asynchronously to search queries In the latter case the peer

must inform the hub on the expected deadline for returning

its response

A peer may be responsible for storing submitted queries

Please note that these queries may also include personal

data Each query submitted to a given peer must be uniquely

83 279

Name Documentation

and globally identified these identifiers are assigned

centrally (ie by the Land Registers Interconnection Hub)

and thus is not the responsibility of the peer to assign and

maintain them

DG JUST This concept represents the logical boundaries of DG JUST in the

context of LRI

European e-

Justice Portal

This concept represents the EJP It acts as a container for the LRI

Portal module and provides some of its facilities (eg ECAS

authentication web content management etc) to the LRI Portal

module In particular static parts of the information used by the LRI

Portal module (such as disclaimers the LRI Glossary etc) are

maintained by the facilities provided already by the EJP

LRI

Directory

This concept represents a module responsible for maintaining

information relevant to the functional capabilities and authorisation

schemes of the LRI participants

This concept is common for all architecture alternatives Still its

level of completion differs between each More specifically

In alternative 3 this module maintains the search parameters

allowed per participant and potentially additional technical

information required so that LRI EULIS service calls

between the LRI Hub and the LRI EULIS Peers can take

place

In alternative 1 in addition to the search parameters this

directory also holds the query authorisation scheme of each

participant including information such as payment

requirements and supported schemes for performing

professional capacity verification including trusted parties

that may perform this activity Furthermore it includes

information about competent entities that can certify the

professional capacity of an LRI end user and for each such

entity a list of the professions it can certify (eg notaries

lawyers civil engineers etc)

In alternative 2 this directory module holds the information

described in both alternatives 1 and 3

The maintenance of the information kept in this module can be a

shared responsibility between DG JUST and LRI operators of the

participants In practice DG JUST will have to maintain the more

technical information parts or parts that are not relevant to the

participants (eg competent entities performing professional

capacity certification) and LRI operators will have to maintain the

participants search parameters query authorisation schemes etc

The development of this module can be gradual Indeed the level of

information kept within it and the maintenance capabilities it can

provide can evolve according to the functional modules it has to

support

84 279

Name Documentation

LSB This concept represents the LRI Service Bus (LSB) ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI Peers Furthermore it is also

responsible for receiving the query responses from the LRI Peers

and returning them to the LRI Portal module

LRI Hub This concept represents the LRI Hub module ie a collection of

modules required for the LRI to take place

LRI Operator This concept represents the operator of the Land Register system in

a Member State

LRI Peer This concept represents a software component which implements the

common communication protocol and is deployed in the Member

State premises

LRI Portal

GUI

This concept represents the LRI Portal Graphical User Interface

(GUI) that is available to LRI end users via the EJP

LRI RI GUI This concept represents the Graphical User Interface (GUI) provided

by the LRI RI Peer and used by the LRI Operator

LRI RI Peer This concept extends the previously defined lsquoLand Registers

Interconnection Peerrsquo by demarcating a specific software component

that will be provided by DG JUST as the Reference Implementation

(RI) of the common communication protocol

This component must be designed so as to facilitate as many

integration approaches as possible it may provide integration hook

points for automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries

Member

State A

This concept represents the physical premises of a Member State

participating in the LRI

Member

State B

This concept represents the physical premises of a Member State

participating in the LRI

Member

State C

This concept represents the physical premises of a Member State

participating in the LRI

National

Land Register

system

This concept represents the system used within a Member State in

order to manage Land Register data

Notary This concept represents a registered user of the European e-Justice

portal who is also a certified notary

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing payment

information to the Interconnection Hub when such information is

required (eg inform the Hub if a given query has been paid and thus

the requester can access its result)

Portal

registered user

This concept represents a registered user of the European e-Justice

Portal

Search A service module included in the Common Communication

85 279

Name Documentation

Protocol which includes services relevant to receiving queries made

through the European e-Justice Portal as well as services which

when used by the mediating Interconnection Hub allow EJP users to

retrieve and manage previously submitted queries These services

may include retrieval of parameters from previously submitted

queries removal or cancellation of queries previously submitted etc

Secure

transport layer

Given the fact that the information exchanged between Member

States and the European e-Justice Portal may contain sensitive data

(such as personal information of a property owner) It is important to

ensure that the transport medium utilised offers an adequate level of

security

All information exchanges between the European e-Justice Portal

and Member States must be encrypted so as to avoid unauthorised

access to the data exchanged By default at least HTTPS will be

utilised for all information exchanges As an additional measure

encryption may also be provided on the network layer (for example

by using sTesta for all information exchanges between Member

States and the Portal) Table 5 Key concepts of alternative 1 architecture overview

24313 Implementation notes of alternative 1

Before proceeding further it is important to note that the design of alternative 1 caters for a

gradual deployment of the LRI if that is desired

Indeed it is possible to follow a step-wise approach where the various modules of the

common communication protocol are analysed developed and deployed in steps according

to the level of functionality desired at each step More specifically according to REF3 the

following three levels of functionality have been identified

Support for queries to land registers that provide their information publicly without

requiring payment

Support for queries to land registers that require a fee for the information provided

Support for queries to land registers that require a certification of the end userrsquos

professional capacity in order to provide either standard or additional information (and

may also require a fee for the information provided)

Given these levels it is possible to implement alternative 1 as follows

Initially the LRI Hub LRI Portal and a sub-set of the Search and Authorisation

services of the Common Communication Protocol are implemented At this point it

will become possible for LRI end users of the EJP to submit their queries only to those

Member States that do not have any strict requirement for query authorisation (ie do

not require fees or certification of professional capacity) During this phase it is also

expected that a minimal version of the LRI RI Peer is developed and delivered to

86 279

participating Member States that either do not have strict query authorisation schemes

or wish to pilot their participation in the LRI

At a second iteration the Common Communication Protocol and part of the LRI Hub

are further developed so as to allow payments to take place At this point an extended

version of the LRI RI Peer is also developed and delivered to Member States that did

not wish to participate in the first iteration

Lastly a final iteration of the Common Communication Protocol LRI Hub and LRI RI

Peer are developed and delivered to LRI participants and DG JUST providing the

complete set of LRI functionalities

Please also note that due to the versioning capabilities of the Common Communication

Protocol and in conjunction with the LRI Directory module Member States using the initial

version of the LRI Peer will not have to immediately upgrade to the latest revision if they do

not require the additional functionalities offered

2432 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

The intention of this alternative is to examine the possibility of the EULIS platform and the

LRI developed for the EJP co-existing

Before proceeding further it is important that the initial design idea of re-factoring the

EULIS platform into another LRI peer has been abandoned for the following reasons

The technical design of EULIS in regard to the search function is significantly

different Indeed EULIS merely acts as an intermediary showing to the end user a set

of search results containing only URLs which the end user must visit in order to obtain

the requested information whereas the LRI design of alternatives 1 and 2 foresees that

the actual information for a given property is contained within the response received by

the participant and rendered by the EJP

The payments design of EULIS currently facilitates accounting and billing between

Member States but does not allow payments to occur between end users and

participants

Thus the approach taken for alternative 2 foresees that EULIS is integrated lsquoas-isrsquo in to the

LRI Hub and the LRI Portal module copes with two different operational models

87 279

24321 Proposed solution overview for alternative 2

Figure 17 Alternative 2 Architecture Overview

24322 Key concepts of alternative 2 proposed solution

Name Documentation

EULIS This concept represents the logical boundaries of EULIS in the context

of LRI

EULIS

ESB

This concept represents the EULIS ESB component of the EULIS

platform The intention of this design is to integrate the DG JUST LRI

solution to the EULIS platform in the same fashion as the EULIS Web

component (see also REF5)

EULIS

service

This concept refers to the existing EULIS services which essentially

compose the common communication protocol used for EULIS

interconnections

Member

State D

This concept represents the physical premises of a Member State

participating in the LRI

Member

State E

This concept represents the physical premises of a Member State

participating in the LRI

Member

State F

This concept represents the physical premises of a Member State

participating in the LRI

Table 6 Key concepts of alternative 2 architecture overview

88 279

2433 Alternative 3 the European e-Justice Portal integrates and extends the

EULIS platform

The intention of this alternative is to integrate the EULIS platform in to the EJP largely re-

using the facilities it already provides and revising or extending them so that additional

participants may be able to integrate with it and thus participate in the LRI

24331 EULIS lsquoas-isrsquo view

Before proceeding further it is considered appropriate to briefly present an overview of the

current EULIS capabilities and architecture so as to establish an lsquoas-isrsquo view The

information provided here is an extract from the lsquoEULIS Software Architecture v20rsquo

document (see REF5) which provides a more detailed analysis on the specificities of the

EULIS platform

The information currently provided by the EULIS platform includes

Basic description of legal concepts

Description of routines and effects of registration of real property conveyance and

mortgaging

Contact information to authorities involved in the real property transactions

Access to searching real property data is provided in some European Member States to the

general public Where this is not permitted contacts and website links are provided for

ongoing investigations Additional search capabilities are provided to registered users

The EULIS platform architecture overview is presented in the following figure

EULIS 20Land

Register

Interface

EULIS 20

SQL

DataBase

MySQL

WEB

Server

HTTP(s)

APACHE

CMS ndash Public information about EULIS and Help

EULIS 20Enterprise Service Bus (ESB)

JBoss

ESB

Authorized

National

SystemsWith

EULIS 20

Support

Public user

WS Call

Authorization WS Call

Authorization

session

WS Call

Land

Information

WS Call

Land

Information

EULIS

20

WEB

JBoss

AS

Trusted users

Java JDK 16 JEE SOAP 11

XML GML 321

SubVersion Eclipse Classic 361

with JBoss Tools 320M2

ANT JAXB JUnit JMock soapUI 36

EULIS 20ESB

Use as

template

Figure 18 EULIS as-is overview

89 279

The platform is separated into the EULIS Web part which is accessible by the general public

trusted and authorised users and the EULIS ESB which is responsible for the integration of

national systems with EULIS support This later part has been designed so that it can be

provided as a lsquotemplatersquo to new EULIS participants

The mode of operation of the platform foresees that an end user visits the EULIS Web part

and eventually submits a query to a participant The participant provides a list of results that

match the end userrsquos query along with a URL in a server managed by the participant where

the end user can view the land registers information of a specific match included in the search

result

In case authentication is required the EULIS platform directs the user to register himself with

the participant he wishes to submit a query to and subsequently facilitates the authentication

process

The search capabilities of the platform include parameters such as a propertyrsquos identifier or

cadastral unit its address or the ownerrsquos nominal information

Furthermore the platform facilitates payments between EULIS participants by providing

billing and accounting services It must be noted however that actual payments do not take

place through the platform and that the current payment model works only between

participants (ie Land Registers) and not between end users and participants

Lastly as indicated in the figure the EULIS platform is largely using open source

technologies

90 279

24332 Proposed solution overview for alternative 3

The following figure provides an overview of the proposed solution in case it is decided to

proceed with this alternative

Figure 19 Alternative 3 Architecture Overview

24333 Key concepts of alternative 3 proposed solution

Name Documentation

EULIS

Common

Communication

Protocol

This concept represents the EULIS common communication

protocol It includes the services currently provided by EULIS

regarding searching authentication billing and payments

In this alternative the intention is to maintain the already established

EULIS communication protocol as far as search capabilities (ie

search parameters supported specific search criteria per participant)

the technical format of the information exchanged and

authentication are concerned

Gradually further enhancements can be introduced in this

communication protocol including

Payment and billing capabilities so that direct transactions

between LRI end users and LRI participants can take place Please

note that in this case the current system of EULIS regarding these

activities is to be completely replaced

91 279

Name Documentation

Asynchronous query submissions so as to facilitate the

participation of off-line national registers From a technical point of

view this enhancement is possible since it requires adding

additional service operations to the existing search facilities of

EULIS that will allow asynchronous submissions of queries on the

participants side subsequently on the LRI EULIS ESB side a set of

additional service operations will need to be added so that the

participants response is received at a later time

One element that has to be stressed here however is that the EULIS

communication protocol requires that the LRI EULIS peers of all

participants provides a graphical user interface accessible via the

Internet by end users

This is due to the fact that in EULIS the information provided

by a Land Register as a response to a query does not include the

actual data the end user requested but rather a URL link to a page

hosted by the relevant Land Register this page must then be

accessed by the end user in order to view the data requested

LRI EULIS

ESB

This concept represents the LRI EULIS ESB ie a technical

component responsible for receiving queries submitted by LRI end

users via the LRI Portal module and in conjunction with the LRI

Directory submitting them to the LRI EULIS Peers Furthermore it

is also responsible for receiving the query responses from the LRI

EULIS Peers and returning them to the LRI Portal module

LRI EULIS

GUI

This concept represents the Graphical User Interface (GUI) provided

by the LRI EULIS RI Peer and used by the LRI Operator

LRI EULIS

Peer

This concept represents a software component which implements the

EULIS common communication protocol and is deployed in the

Member State premises

Essentially this component is relevant to Member States that are

already integrated to EULIS or Member States that wish to

participate in the LRI and do not intend to use the Reference

Implementation provided by DG JUST

LRI EULIS

RI Peer

This concept extends the lsquoLRI EULIS Peerrsquo concept by demarcating

a specific software component that will be provided by DG JUST as

the reference implementation of the EULIS Common

Communication Protocol

This component must be designed in order to facilitate as many

integration approaches as possible it may provide integration hook

points for an automatic mode of operation as well as graphical user

interfaces which can be used by human operators for responding to

submitted queries Lastly please note that this component will be

largely based on the EULIS Template component currently foreseen

by the EULIS SAD v20 Table 7 Key concepts of alternative 3 architecture overview

92 279

25 Work packages and effort estimation

The following tables provide a work package structure for each alternative For each work

package identified the following information is provided

An identifier

A short description of the work carried out in this work package

The expected input of this package (ie what is required to start actual work on this

package)

The expected output of this package (ie what is the tangible deliverable of this

package)

Effort estimation in man-months

Before proceeding further it must be noted that the effort estimates provided in the following

tables are merely indicative indeed given the fact that it is not in the scope of this document

to provide detailed analysis on the specificities of each solution proposed and assuming that

one of the proposed architecture approaches is considered fit for the LRI implementation

further and more detailed analysis findings may change significantly the effort estimates

provided

It is also due to the level of detail in this document that the effort estimates provided

hereunder are only based on the past experience of the Contractor in similar projects (such as

the ECRIS Detailed Technical Specifications) Evidently without a detailed view on the

exact functionalities that the LRI would provide to its end users and in the absence of a

detailed fit-gap analysis it is possible to provide effort estimates based only on empirical

data which however do sufficiently cover the expected actions to be performed for each

alternative

Furthermore the estimates are provided under the assumption that the persons involved in the

implementation of any alternative are senior experts in their domains (eg domain experts on

INSPIRE and LR data structures Enterprise Architecture Integration etc) and should be

revised accordingly if this assumption is not met

Lastly please note that the effort estimates provided in the following sections outline all

activities required until the LRI reaches production and do not include operational

maintenance or support activities

93 279

251 Alternative 1 the European e-Justice Portal develops its own solution

for interconnection

2511 Overview

The following figures present an overview of the proposed work packages required to

implement Alternative 1 organised in 3 iterations A detailed description for each package as

well as an effort estimate is presented in the sub-section lsquoDescriptionrsquo

94 279

Figure 20 Work packages and deliverables of the 1st Iteration for alternative 1

95 279

Figure 21 Work packages and deliverables of the 2nd

Iteration for alternative 1

96 279

Figure 22 Work packages and deliverables of the 3rd

Iteration for alternative 1

97 279

2512 Description

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-01

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 1

Feasibility

Study

artefacts

bull LRI information

structure

bull Search service

bull Authorisation

service

bull Versioning

4

1

WPA1-02

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 1

bull Feasibility

Study

artefacts

bull WPA1-01

Detailed technical

designs on how to

implement the

LRI Portal Hub

and Peer modules

7

WPA1-03

Implementation

of LRI Portal

and Hub -

Iteration 1

WPA1-02 Software

implementation of

the LRI Portal and

Hub modules

4 -

WPA1-04

Implementation

of the LRI RI

Peer - Iteration 1

WPA1-02 Software

implementation of

the LRI RI Peer

module

6 -

WPA1-05

Testing -

Iteration 1

bull WPA1-03

bull WPA1-04

Initial version of

the LRI rolled out

to production 7 -

WPA1-06

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 2

WPA1-01 Payment service

2

1

WPA1-07

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 2

WPA1-06 Detailed technical

designs on how to

implement

payments the LRI

Portal Hub and

Peer modules

5

98 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-08

Implementation

of LRI Portal

and Hub -

Iteration 2

WPA1-07 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

5 -

WPA1-09

Implementation

of the LRI RI

Peer - Iteration 2

WPA1-07 Software

implementation of

the LRI RI Peer

module

3 -

WPA1-10

Testing -

Iteration 2

bull WPA1-08

bull WPA1-09

Second version of

the LRI rolled out

to production 5 -

WPA1-11

Detailed

technical

analysis of the

Common

Communication

Protocol -

Iteration 3

WPA1-06 Professional

capacity

certification

service 2 -

WPA1-12

Functional

analysis and

design of the

LRI Portal Hub

and RI Peer

modules -

Iteration 3

WPA1-11 Detailed technical

designs on how to

implement

professional

capacity

certification in the

LRI Portal Hub

and Peer modules

3

1

WPA1-13

Implementation

of LRI Portal

and Hub -

Iteration 3

WPA1-12 Software

implementation of

the LRI Portal and

Hub modules

supporting

payments

3

WPA1-14

Implementation

of the LRI RI

Peer - Iteration 3

WPA1-12 Software

implementation of

the LRI RI Peer

module

2 -

WPA1-15

Testing -

Iteration 3

bull WPA1-13

bull WPA1-14

Third version of

the LRI rolled out

to production 3 -

99 279

ID Description Input Output

Effort Estimates

DG

Justice

Member

States

WPA1-16

Conformance

testing with LR

participants and

roll-out to

production

WPA1-15 LR participants

integrated in LRI

solution fully

available to the

general public

12 3

Total effort estimate 68 6

Table 8 Effort estimates in man-months for the implementation of Alternative 1

100 279

252 Alternative 2 the European e-Justice Portal interconnects the EULIS

portal and Member State registers

2521 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 2 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 23 Work packages and deliverables of alternative 2

2522 Description

The expected effort for alternative 2 is similar to the one provided for Alternative 1 in

regards to the LRI implementation However due to the co-existence of the two platforms

it is expected that two additional work packages will have to be foreseen so as to analyse

the technical implications of integrating EULIS in to the LRI Hub and implement the

integration

In addition a supplementary test cycle needs to be performed so as to ensure that the

integration of the two systems works as expected

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-01

Detailed

technical

analysis of the

LRI-EULIS

integration

bull Feasibility

Study artefacts

bull WPA1-02

Detailed

technical

design of the

LRI-EULIS

integration

3 1

101 279

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA2-02

Implementation

of the LRI-

EULIS

integration

WPA2-01 Software

implementation

of the LRI-

EULIS

integration

4 -

WPA2-03

Testing and

roll-out to

production

WPA2-02 LRI-EULIS

integration

rolled out to

production

3 -

Total effort estimate 10 1

Total effort estimate (including effort of Alternative 1) 78 7

Table 9 Effort estimates in man-months for the implementation of Alternative 2

102 279

253 Alternative 3 the European e-Justice Portal integrates and extends

the EULIS platform

2531 Overview

The following figure presents an overview of the proposed work packages required to

implement Alternative 3 A detailed description for each package as well as an effort

estimate is presented in the sub-section lsquoDescriptionrsquo

Figure 24 Work packages and deliverables of alternative 3

103 279

2532 Description

ID Description Input Output

Effort Estimate

DG

Justice

Member

States

WPA3-01

Establishment of

the current

technical and

functional

baseline of the

EULIS platform

bull Feasibility

Study

artefacts

bull Existing

EULIS

technical

and

functional

artefacts

Detailed

functional and

technical

baseline of

EULIS

4

1

WPA3-02

Establishment of

the technical and

functional target

for the LRI

Portal module

and LRI Hub

Feasibility

Study

artefacts

Detailed

technical and

functional

target of the

LRI Portal

module and

LRI Hub

established

2

WPA3-03

Establishment of

the technical and

functional target

for the LRI RI

EULIS Peer

bull Feasibility

Study

artefacts

bull WPA3-02

Detailed

technical and

functional

target of the

LRI RI

EULIS Peer

established

2

WPA3-04

Fit-gap analysis

of EULIS

baseline and LRI

target functional

and technical

design

bull WPA3-01

bull WPA3-02

bull WPA3-03

bull Detailed

technical

design of the

changes

required so

that EULIS

can be

integrated in

to the LRI

Hub

bull Detailed

technical

design of the

changes

required to

the lsquoEULIS

Templatersquo so

8 -

104 279

Table 10 Effort estimates in man-months for the implementation of Alternative 3

26 Implementation roadmap

that it can

become the

LRI EULIS

RI Peer

bull Detailed

migration

plan of

EULIS to

LRI

WPA3-05

Implementation

of the LRI Hub

and LRI Portal

modules using

EULIS

WPA3-04 Software

implementatio

n of the LRI

Hub and

Portal

modules using

EULIS

8 -

WPA3-06

Implementation

of the LRI RI

Peer using

EULIS

WPA3-04 Software

implementatio

n of the LRI

RI Peer

modules using

EULIS

Template

5 -

WPA3-07

Extension of

existing LRI

Peer used

currently in

Member States

WPA3-04 Revised

Software

implementatio

n of the LRI

Peer module

- 5

WPA3-08

Testing bull WPA3-05

bull WPA3-06

LRI rolled out

to production 8 2

WPA3-09

Conformance

testing with LR

participants and

roll-out to

production

bull WPA3-07 LR

participants

integrated in

LRI solution

fully available

to the general

public

12 3

Total effort estimate 49 11

105 279

One of the basic requirements set by DG JUST in REF1 for the definition of the

architectural approaches presented earlier in this document is that they are designed in

such a way so that it is possible to migrate from

a Alternative 1 to alternative 2

b Alternative 1 to alternative 3

c Alternative 2 to alternative 3

Although not explicitly mentioned in REF1 these migration approaches seem to sketch a

potential deployment roadmap for the solution in which Alternative 1 is initially

implemented and then migrated either to Alternative 2 (which subsequently is migrated to

Alternative 3) or to Alternative 3

However during the course of this study it became apparent that a reasonable approach

would be to envisage the migration plan in a different order Specifically given the

capabilities currently offered by EULIS and the findings of REF3 a reasonable approach

would be to first use the EULIS platform as a springboard for developing the LRI and

then subsequently proceed in an iterative fashion toward the implementation of a

harmonised LRI which can provide the set of desired capabilities This conclusion has

been reached after an investigation of the key findings of REF3 which calls for

capabilities that are either completely absent from the current EULIS platform (such as

professional capacity certification) or are modelled in such a way that enhancing them will

essentially constitute a migration toward Alternative 1 (for example payments search and

authorisation)

In this frame Alternative 2 becomes a transitional phase where the two interconnection

approaches co-exist until all LRI participants are able to use the new LRI standard

With the above in mind a proposed migration approach starting from the current baseline

would be the following

a 1st transition phase DG JUST takes over the EULIS platform and executes the

work packages marked under Alternative 3 with the exception of WPA3-02 (ie

without implementing any additional enhancements) The intention at this stage is to

interconnect existing EULIS participants into the EJP and in addition provide an

LRI EULIS RI Peer to other Member States that may also wish to participate at this

stage It must be noted however that some existing EULIS features (such as

payments) may be difficult to implement in this scenario due to their design

However the end-result of this transition may be sufficient so as to provide LRI

participants and DG JUST with significant information on LRI and potential further

developments

b 2nd transition phase During this second transition DG JUST executes the work

packages included in the first iteration of Alternative 1 and deploys it in parallel

with Alternative 3 Before proceeding it must be noted that given the fact that

Alternative 1 is designed keeping in mind a gradual deployment it may be possible

to proceed further during this 2nd

transition and also implement the second or even

the third iterations of Alternative 1

Regardless of the number of Alternative 1 iterations the intention is to reach a

hybrid operation mode where the LRI supports both Member States using the

EULIS interconnection as well as Member States that prefer to participate in the LRI

using the new interconnection standard

106 279

Regardless of the level of completion reached in regard to the implementation of

Alternative 1 the landscape created during this transition is the proposed

Architecture of Alternative 2

c Target state ndash harmonised LRI This is the eventual target state of the LRI

architecture To reach this point DG JUST executes the remaining Alternative 1

iterations and gradually decommissions the EULIS interconnection

The proposed implementation and migration roadmap is depicted in the following figure

using the lsquoArchitecture Implementation and Migration Viewpointrsquo of Archimate 20 (see

REF4)

Figure 25 Proposed LRI implementation roadmap

107 279

27 Strengths and weaknesses of the alternatives

The following table summarises the strengths and weaknesses of each architectural

alternative analysed earlier in this document

Alternative Strengths Weaknesses

Alternative 1 the

European e-Justice

Portal develops its

own solution for

interconnection

Complete functional

capabilities due to the fact

that alternative 1 has been

designed whilst keeping in

mind the wide scope of LRI it

offers the most complete set of

functionalities allowing

flexible search queries to one

or more participants

integrating dynamic

authorisation schemes

provision of responses to

search results and facilitating

direct payments from LRI end

users to LRI participants

High degree of flexibility

The proposed solution for

alternative 1 has been

designed so that several

aspects which are difficult to

address immediately or may

change in the future are

abstracted Doing so allows

adding further capabilities

(such as certifying

professionals using a service

provided by a competent

authority)

Potential for expansion The

design of the solution allows

future expansions as the

information exchanged

between LRI participants and

the EJP is formally structured

and may be further processed

or enhanced according to

business needs An example of

this potential is the automatic

translation of labels and pre-

defined terms A further

development that would

leverage existing EJP facilities

could be the complete

translation of the information

Effort required Evidently Alternative 1

requires more effort than

alternative 3 in order to be

analysed and deployed

Previous investment

underutilised Given that

in Alternative 1 EULIS is

not utilised the investment

already made by Member

States integrated in this

platform will be

underutilised

High complexity The

findings of this feasibility

study although not detailed

to the level of enabling the

immediate production of an

actual LRI system have

shown that a variety of

subjects (such as the

certification of professional

capacity) may prove to be

much more difficult than

anticipated in terms of

analysis as well as

implementation Thus the

effort estimated for

implementing alternative 1

may change depending on

the findings of further

analysis

108 279

Alternative Strengths Weaknesses

exchanged using machine or

manual translation

Alternative 2 the

European e-Justice

Portal interconnects

the EULIS portal

and Member State

registers

Combined benefits A close

observation of the strengths

and weaknesses of

Alternatives 1 and 3 shows

that they are essentially

adverse as the strengths of

one solution are essentially the

weaknesses of the other Thus

given that this alternative is

designed as a combination of

alternatives 1 and 3 it

combines their strengths and

manages to diminish some of

their weaknesses especially

the ones related to the

business and functional

capabilities as well as the

underutilisation of the

investment already made by

Member States in EULIS

Effort required As shown

already in the effort

estimates presented in this

document this alternative

has the highest effort

requirement so as to roll-

out

High complexity Although technically

possible the integration of

the two different

interconnection approaches

may in the future impose

constraints in the overall

LRI service provided by the

EJP This is true currently

since some of the

functionalities offered by

the proposed LRI standard

cannot be supported by the

EULIS platform without

revising it Furthermore

DG JUST will have to

maintain two separate

service lines as the

maturation of the proposed

LRI standard may bring

additional services which

further diverge from the

current EULIS proposal or

it may be the case that

further developments in the

EULIS platform impose

new or revise existing

requirements for integrating

it with EJP

Alternative 3 the

European e-Justice

Portal integrates and

extends the EULIS

platform

Less effort required as

identified earlier in this

document implementing this

approach requires less effort

than the other two alternatives

Faster initial roll-out due to

the fact that EULIS is already

deployed and there are already

Authentication model

The current authentication

model employed by EULIS

is based on the fact that a

Land Register is capable of

authenticating its own

users However as

identified in REF3 this

hypothesis is not valid for

109 279

Alternative Strengths Weaknesses

Member States participating in

the interconnection it is

expected that the initial roll-

out of alternative 3 should

take less time to roll-out in

production than the other two

alternatives

Technology portfolio The

components used to

implement EULIS are

conformant with the

technological landscape

identified from the responses

Member States provided in

Questionnaire n 3

all Land Registers

Eventually the

authentication model

employed by EULIS will

have to be revised

resembling the one

proposed in Alternative 1

so as to be able to scale on

a pan-European level which

will require additional cost

Fewer capabilities by its

definition the model

employed in EULIS

imposes certain restrictions

on the capabilities that can

be developed without

altering the platform to the

point that it starts

resembling Alternative 1

For example the

certification of an end

userrsquos professional capacity

is not supported thus Land

Registers that require such

a certification for providing

basic or enhanced

information services will

not be able to provide their

services

Another example is the

provision of responses to

search results which does

not allow easily decorating

them with additional

information that is or may

become available on the

European e-Justice Portal

Asynchronous calls are

not supported By

definition search queries in

EULIS are executed in real

or near-real time This

however imposes certain

restrictions Specifically it

imposes a direct

dependency between the

service provided by the EJP

110 279

Alternative Strengths Weaknesses

and the information

provider (ie the Land

Registers) as without

modifying the current

EULIS mode of operation

a Land Register must be

on-line both for receiving a

request as well as for a user

to be able to view the result

of the query submitted

This constraint makes

difficult the participation of

off-line registers and

imposes an increase in the

technical availability the

LRI EULIS peers

Table 11 Strengths and weaknesses summarisation for all alternatives

111 279

28 Performance and volumetric estimations

The following table provides a set of rough estimates regarding the expected increase of

traffic on the European e-Justice Portal due to the introduction of the LRI Please note that

the numbers provided reflect expected numbers of transactions that the EJP may have to

serve once the LRI is deployed and available to the general public however at this point

it is not possible to foresee the increase in unique visitors for the EJP as the exact

behaviour users currently show when submitting queries to existing Land Registers or

EULIS is not clear Indeed it may be the case that a single user triggers multiple

transactions or that each transaction may belong to a single user

Furthermore it must be noted that providing volumetric and performance estimations with

high accuracy is not possible as certain elements (eg exact services to be provided by the

EJP level of integration with Member States etc) are not yet clearly defined It is

however possible to provide rough estimates using a set of reasonable assumptions per

alternative Given this in the case the LRI project proceeds to the analysis and

implementation phases it is expected that the estimates provided in this document will

need to be revised

Alternative Assumptions Calculation approach Estimated

amount of

transactions

Alternative 1

the European e-

Justice Portal

develops its own

solution for

interconnection

An estimated

maximum of 1 of

the reported number

of current Land

Registers transactions

are expected to be

cross-border

The figures provided by

Member States are

summed and a 1

volume is calculated

61700 per

month

Alternative 2

the European e-

Justice Portal

interconnects the

EULIS portal and

Member State

registers

The assumptions for

Alternatives 1 and 3

remain the same

The estimates for

Alternative 1 and 3 are

summed

620780 per

month

Alternative 3

the European e-

Justice Portal

integrates and

extends the

EULIS platform

The current

amount of queries

served by EULIS

per month is 100

This figure

represents the

traffic generated

with 5

interconnections

All 28 Member

States will

participate in the

interconnection

The potential number of

interchange routes

between current EULIS

participants is calculated

to 20 [NN-1]

The expected number of

interexchange routes in

case all 28 Member

States participate in

EULIS is 756

The final result is then

calculated by the

formula

[Current Routes][Future

queries] = [Expected

3780 queries

per month

112 279

routes] [Current

queries]

Table 12 Volumetric estimations

29 Re-usable architectural assets

The architecture alternatives proposed in this document re-use existing technical assets of

DG JUST and EULIS as much as possible In particular the following elements are

currently re-used

The EJP

ECAS (European Commission Authentication Service)

The EULIS ESB

It must be noted that when the Land Registers Interconnection is developed additional

analysis will be required to determine the exact functional and technical capabilities to be

re-used by the aforementioned assets as well as to identify other systems that may be re-

used

113 279

3 Part III Proposals for handling payments

31 Introduction

311 Purpose

The purpose of this document is to present the solutions that are proposed for handling

payments in the context of the Land Registers interconnection The proposed solutions

take into account all of the requirements set by DG Justice as well as the business needs

constraints and requirements identified by the analysis that has been carried out in the

scope of the Land Registers Interconnection feasibility and implementation analysis

project

312 Scope

Given the purpose of this document it is within its scope to

Provide a high level description of the various terms relevant to the domain of

payments with the interest of establishing a common understanding between

readers

Document the initial requirements set by DG Justice (see REF1 section 242)

Present the key findings of the analysis phase of the project that are relevant to

payments according to the responses received by Member States mainly in

Questionnaire no 3

Using as basis these key findings identify and extract additional requirements

Propose a logical design for a solution that may be used in the context of LRI and

clearly show how it interacts with the proposed architectures analysed in Part II

According to the information collected the requirements and constraints and the

logical design propose a set of physical designs that may be utilised in the context

of LRI These proposals are described at a level that is sufficient for the

stakeholders to assess the feasibility of the proposals and select the one that better

fits their needs and constraints

Catalogue the strengths and weaknesses of each proposed physical design

It is not in the scope of this document to provide further details or analysis relevant to

specific implementation particulars of the proposed solutions In particular it is not in the

scope of this document to provide

A detailed specification of the technical interfaces that may be used for realising

payments

A concrete software architecture and implementation details relevant to the various

specific components mentioned in this document

A detailed analysis of potential service providers that can be employed for

realising the proposed solution

A security analysis for the proposed solutions

A potential implementation roadmap

114 279

313 Intended Audience

This document assumes that the readers have a good knowledge and understanding of the

context scope and activities presented in the Technical Annex lsquoLand Registers

Interconnection ndash feasibility and implementation analysisrsquo of REF7

In addition the readers of this document are invited to first study the lsquoBusiness Analysis

Reportrsquo (see Part I) and lsquoArchitecture Overviewrsquo (see Part II)

Although the themes discussed in this document require a certain level of understanding of

payments (electronic or otherwise) the language and format try to facilitate the readerrsquos

understanding either by providing simplified background knowledge on the subject or by

remaining conceptual as much as possible so as not to require additional technical

knowledge from the reader

314 Overview of the document

Proposing an appropriate payment solution for the Land Registers Interconnection is a

complex task that has been tackled in iterative steps starting from the basis established by

DG Justice in the projectrsquos lsquoTerm of Referencersquo (see REF1) and reaching the point where

it becomes possible to define a high level payment solution and propose payment systems

that is able to support it

The structure of this document resembles the process followed

a Initially readers are introduced to some general background information regarding

payment systems and payment service providers in Section lsquoIntroduction to

payment systemsrsquo

b Subsequently Section lsquoPayment solution overviewrsquo establishes information

elements that are used to drive the definition of the proposed solution In short this

section

Presents the business baseline as established by DG Justice in REF1

Identifies the key findings of the responses received by Member States in

Questionnaire nr 3

Draws a set of high level requirements

c Building on the information presented earlier in the document Section lsquoProposed

Payment Solutionsrsquo presents a proposed solution design Specifically this section

Presents a logical solution design explaining its key concepts and showing

how it interacts with the design proposed in the lsquoArchitecture Overviewrsquo

document (see Part II)

Identifies potential implementation alternatives and maps them to the

logical design

Compares the strengths and weaknesses of each alternative

Please note that in the context of this study existing implementations of payment systems

employed by other projects (eg the solution implemented by EULIS or the EBR system

implemented by ES) have also been taken into consideration Where appropriate these

systems are mentioned however it is not the intention to cover their scope functionality

or features in detail in this document

115 279

32 Introduction to payment systems

This chapter provides a brief description of the general landscape of payment systems for

the sake of comprehension and completeness

321 Definition of a payment system

In the context of this document the term lsquopayment systemrsquo generally refers to a network

that facilitates monetary exchanges between bank accounts The term lsquosystemrsquo denotes a

particular characteristic of this network which is that exchanges taking place within it are

not performed using actual cash but rather substitutes (eg credit cards debit cards etc)

These substitutes can also be referred to as lsquopayment instrumentsrsquo as they are the tools for

implementing these monetary exchanges

Furthermore a payment system defines how payments are processed or lsquocleared and

settledrsquo This latter term includes all activities that take place from the moment a monetary

exchange starts up until the moment the amount of money paid is actually moved in the

account of the recipient

It must be stressed here that a payment system facilitates monetary exchanges between

two bank accounts ie the connection between payer and payee is mostly one to one

322 Types of payment service providers

Although it is possible for an individual enterprise or organisation to establish all

processes required so as to enable payments for the services they provide the preferred

approach is to request the implementation of a payment system from a payment services

provider

Such providers offer their expertise in the field of payments and provide a variety of

services which can be summarised to the following

a Connection to multiple banks card and payment networks

b Management of the aforementioned technical connections as well as of the

relationships with external bank accounts and networks which quite often

translates to cheaper fees for entities utilising the services of a provider and less to

no effort required for the management of interconnections

c Risk Management services for bank and card based payments

d Matching of transactions and payments

e Offer reporting services to end users

f Offer additional facilities such as shopping baskets

116 279

Depending on the breadth and depth of services offered by a payment services provider it

is thus possible to generally separate them into three categories39

a Distributors are payment service providers that take over the technical burden for

end users to accept payments They build and maintain the connection to many

payment systems (cards and alternatives) Thus an end user needs only to connect

to one Distributor to be able to accept several payment methods

Distributors do not collect funds related to different payment systems as end users

are paid directly by the financial institution that process their card and alternative

payments

This type of payment service provider is better suited for end users requiring only a

few payment options or capable of handling their own reconciliation

It must be noted that the capability to handle reconciliations (ie matching orders

with received settlements) is very important when using such payment service

providers Indeed due to the fact that separate settlements for every payment

system accepted are received in different frequencies and delays the process of

reconciliation can be a time-consuming and costly process

b Collectors are payment service providers that streamline settlement for all

accepted payment systems combining them into one settlement Thus end users

receive all payments in one batch to their bank account and get reporting that

simplifies payment reconciliation

Such payment service providers are ideal for end users requiring many payment

options to serve their audience

However it must be noted that negotiation of transaction fees and contracting

remain the responsibility of the end user This can be useful in the case of end

users with a substantial amount of transactions However in cases where the size

of the transactions is not sufficient it may be difficult for the end user to secure

better pricing on transaction fees

c Aggregators are payment service providers that act as a one stop shop for end

users they take over the technical burden to accept payments collect the funds for

several payment systems and contract with the individual payment methods

The difference between the Collectors previously mentioned and the Aggregators

is that the Aggregators contract with the payment method company on behalf of

end users thus managing to achieve better transaction fees due to the total number

of transactions Thus there is no need for end users to negotiate transaction prices

or contract with the financial institution that processes the payment method

Distributors differ from Aggregators due to the fact that the latter also collect

funds settle the end userrsquos bank account and negotiate the terms with the payment

method company

In practice end users that are not interested in offering a substantial variety of

payment options and are not in the position to negotiate better terms for their

contracts should prefer to use such payment service providers

39 Please note that the information presented here is loosely based on httpwwwabout-

paymentscomknowledge-baseproviders

117 279

33 Payment solution overview

331 Solution goals

The majority of Land Registers require a fee for the information they can provide to their

end users Assuming that the Land Registers Interconnection project is implemented it is

expected that such fees will remain in place

An initial concern is the fact that transactions need to take place in a diverse environment

The end users of the European e-Justice Portal that may be interested in Land Register

information are mainly citizens of the EU Member States thus a payment system used to

support the required payments need not only be presented in their native language but also

support the payment instruments (eg debit card credit card etc) available to them

This concern is also valid for Land Registers however with a minor variation indeed any

payment system proposed in the context of LRI needs to support the currencies currently

employed by Land Registers in EU In addition Land Registers may need to establish

contractual agreements with the provider of such a payment system so it becomes

important to ensure that if required such contractual agreements are possible from a legal

and regulatory point of view and beneficial for Land Registers participating in the LRI

Furthermore any payment solution proposed must be set-up using an external payment

solution provider since the European Commission does not have the mandate to

intermediate monetary transactions between the users of the European e-Justice Portal and

Land Registers for services rendered

Thus the immediate goals of a payment solution for the LRI are identified as following

a Ensure that the specificities of participating Member States in terms of legal or

other constraints are adhered to

b Support the payment models currently employed by Land Registers

c Be compliant with the architectures proposed in Part II

In this context DG Justice pinpointed (without implying a specific restriction to them)

three potential alternatives that could be considered

a Existing payment systems that Land Registers have in place are re-used provided

that these systems are or can be available in a language that the end user

understands and support the payment instruments available to the end user

b A competent authority (eg the Land Register of the end userrsquos country of origin)

to which the end user is registered is responsible for receiving the cost of the end

user consultations the end user may reimburse this cost to the competent authority

according to the models supported by it (eg pre-payment in form of credit post

payment for the exact amount of consultations performed etc)

c A central payment service is used handling all transactions between end users and

Land Registers

118 279

332 Key findings

In the context of this study participating Member States were asked to provide

information relevant to the payment systems currently employed if any as well as

information relevant to the subject of payments The answers provided by Member States

have been used in order to establish the current payments landscape The findings are

summarised below according to their domain of interest

ID Finding Description

KF-001 Payment

required

The majority of Member States providing access to LR

information require a fee either before a query is

submitted or before the actual data are delivered to the

user In Member States where payment is required the

exceptions to this finding are

a Basic searches (eg using the property identifier)

b Search queries submitted by the owner of the

property or the national administration

KF-002 Pricing The price for providing the requested information varies

between Member States

KF-003 Risk

management

Member States in principle tend to avoid risks related to

non-payment of the service rendered Indeed most

Member States deliver the requested information only

after payment for it has been cleared

KF-004 Payment

models

It has been found that Land Registers employ a variety

of payment models which can be summarised to the

following

a Recurring (eg monthlyyearly subscriptions)

b One-off (eg pay per use before receiving the

information or before submitting a query)

Furthermore Member States employ two different

timings for their payment models Pre-paid method of

payment is the most common (used in 14 Member

States) whereas 9 Member States also support post-paid

models

KF-005 Payment

instruments

Before proceeding further please note that a detailed

breakdown of the payment instruments used as well as

current developments is presented in Consolidated

responses from questionnaire nr 3 to this document

A wide spectrum of payment instruments are used by

Member States it has been found that the most used

payment instrument is Credit Transfer with Direct Debit

being second (both of which cover 68 of all

payments) and Cheque being third

It must be noted also that several Member States have

already introduced or plan to introduce card payments

which are mostly used for one-off payments or

payments by non-registered users

119 279

ID Finding Description

Some Member States also accept cash payments

however the volumes are with the exception of one

Member State very low

The characteristics of the payments instruments

employed by Member States are largely based on the

end-user types supported For example users accessing

the system via registered or subscription-based accounts

generally pay a monthly invoice either by Credit

Transfer or by Direct Debit whereas one-time users

prefer paying by Card Domestic lsquoreal-timersquo payment

traditional payment instruments (ie Cheques) or Credit

Transfer

It also should be noted that most of the Member States

supporting Direct Debit are requiring lsquoirrevocabilityrsquo of

the payment which practically means than once such a

payment takes place it is not possible to dispute it this

last observation falls in line with the risk aversion

identified earlier in lsquoRisk managementrsquo

KF-006 Volumes Before proceeding further please note that a detailed

breakdown of the transaction volumes is presented in

Consolidated responses from questionnaire nr 3 to this

document

According to the information provided by 9 Member

States the total amount of transactions related to intra-

border payments made is estimated between 45 and 55

Million transactions with an additional 2000 ndash 3000

cross-border payments taking place per year It must be

noted that the figures provided here should be

considered as indicative since in some cases Member

States only provided approximations on the transaction

numbers and not precise volumes

KF-007 Payment

Service

Providers

Payment services are used mainly for Card payments

and are usually supported by Payment Service

Providers who also offer a mixture of payment

instruments including debit credit and direct transfers

KF-008 Multi-

currency

accounts

Nearly all participants do not use or require accounts in

multiple currencies ie they work with their domestic

currency or Euro

Table 13 Key findings

120 279

333 Significant solution requirements

Taking the findings of the study into consideration the requirements listed in the

following table have been identified

ID Requirement Description

SR-001 Payment

instruments

Any proposed payment solution should support at least

Credit Transfer and Direct Debit as these are the most

popular payment instruments and it is expected that

they will retain their prominent position Given the new

developments that take place in Member States it is

also advisable to include Cards as a payment

instrument which also supports near 100 Straight-

Through Processing40

(STP) and is expected to support

the phase-out of older payment instruments such as the

Cheque and Cash payments

SR-002 Payment

models and

pricing

As identified in KF-004 and KF-005 Member States

employ a variety of payment models which are mainly

determined by the type of user served by each

individual Land Register

Assuming that user profiles remain similar in the LRI

and keeping in mind that the proposals made in the

context of this study should not drastically change the

current way of working for interconnected Land

Registers any proposed solution should impose

minimal (if any) restrictions on supported payment

models and should allow Land Registers to establish

their own pricing per model

SR-003 Flexibility It has been observed that most Member States are

currently in the process of changing their approach on

payment systems This in conjunction with the changes

currently occurring in the payment systems sector as a

whole create a volatile payments landscape which leads

to the conclusion that any proposed payment solution

must also be able to cope with this environment

SR-004 Conformance

to standards

Any proposed solution should support current

international standards that are in use today or are to

become compulsory in the near future

SR-005 Support for

simultaneous

payments

In order to enhance the end user experience any

proposed solution should facilitate payments to multiple

recipients using a single uniformed process

40 Straight-Through Processing (STP) enables the entire trade process for capital market and payment

transactions to be conducted electronically without the need for re-keying or manual intervention subject to

legal and regulatory restrictions The concept has also been transferred into other sectors including energy

(oil gas) trading and banking and financial planning

121 279

ID Requirement Description

In practice this means that if an end user chooses to

submit queries to multiple Land Registers the solution

should allow grouping these queries into one shopping

basket and eventually ask the end user once to confirm

his selection and pay according to the payment model

supported by the Land Registers included in the basket

SF-006 Support for

multiple

languages

Any solution proposed must provide its graphical user

interface in all official EU languages

Table 14 Solution requirements

34 Proposed payment solutions

341 Logical solution design

In principle the solution needed for establishing LRI payment services resembles that of

an electronic commerce platform In practice this implies that at least the following set of

facilities should be provided by the proposed logical design

a A shopping cart that may be used by end users so as to collect services they are

interested in buying

b A way for merchants (ie Land Registers) to create organise and evaluate their

products (ie search services)

c An accounting facility that may be used to keep record of transactions and extract

reports

d An interface that can be used by end users so as to pay for their selected services

A solution that includes such facilities is further described in the following sections

122 279

3411 Design overview

Figure 26 Logical payment solution overview

3412 Design significant concepts

Before proceeding further readers are encouraged to read through the LRI lsquoArchitecture

Overviewrsquo (see also Part II) where several of the concepts used are described in detail

Name Documentation

EJP This concept represents the EJP

LRI Portal

Module

This concept represents the LRI module that is available to

the general public via the EJP It is responsible for all visual

elements relevant to the LRI including the rendition of search

forms according to the search criteria allowed by the recipient

of the query informing the user on the expected quantity and

quality of information etc

LRI Portal GUI This concept represents the LRI Portal Graphical User

Interface (GUI) that is available to LRI end-users via the EJP

Shopping basket

service

This concept represents the interaction between the Shopping

Basket and the Product Management services offered by the

Payment Services Platform and its visual implementation

which is hosted in the LRI Portal GUI

End user This concept represents the collaboration between the LRI

123 279

Name Documentation

payment services Portal module and the Payment Services Platform so as to

deliver the functionality required so that EJP registered users

can pay when required for the search queries they submit via

the LRI Portal GUI

Portal registered

user

This concept represents a registered user of the e-Justice

Portal

Shopping Basket A service module provided by the Payment Services

Platform which includes all components necessary so that an

EJP registered user can add remove or modify products (such

as queries to Land Registers monthly subscriptions etc) It

allows the collection and categorization of these products and

by interfacing with the Product Management service module

it is capable to provide to the end user a detailed view of the

value of the products included in his basket

Product

Management

This service module enables the creation and management of

products that are offered via the EJP LRI Portal GUI It

supports creating product bundles according to Land Register

requirements (eg pre-pay monthlyyearly subscription etc)

as well as defining specific policies for them (eg available

only to notaries) and may allow the calculation of the price of

a given product even if it of post-paid nature by providing

some standard prices

Payment

Services Platform

This concept represents a platform that offers a set of services

relevant to payments and accounting Although seen here as a

single logical component in reality it may be logically

partitioned according to the approach followed by its

implementer

Order clearance This service module provides all services and interfaces

required so that an EJP end user can pay for the products he

has added in his shopping basket It provides the necessary

screens so that end users can approve or reject the amount to

be paid for a given order allowing them to select the currency

to be used for payments as well as the payment means (eg

credit card debit card bank transfer etc) Furthermore this

module coordinates with Accounting in order to check if

products of the end users order do not require further

payment (eg a query is included that is covered by a

previously paid for monthly subscription)

In case the Payment Services Platform does not support

payments to multiple recipients at once this module

facilitates the end user during the payment process by keeping

in store as many payment details as possible requiring thus

the end user to fill in only the absolutely necessary

information multiple times (eg provide a token to authorize a

given transaction)

Accounting This service module contains all services and graphical user

interfaces so as to enable accounting It keeps a record of the

various transactions between EJP registered users and Land

124 279

Name Documentation

Registers and thus allows (a) keeping a record for previously

paid products (eg monthly subscriptions) and (b) if the

Payment Services Platform supports executing payments to

multiple recipients and in collaboration with the Payment

Execution service module it allows the implementation of

payments to multiple recipients

Payment

execution

This service module allows the execution of payments to

Land Registers using payment protocols supported by them

Depending on the capabilities of the Payment Services

Platform this module may allow implementing simultaneous

payments to multiple recipients

Common

Communication

Protocol

This concept represents the Common Communication

Protocol established in LRI lsquoArchitecture Overviewrsquo In the

context of this document this concept is used in order to

reflect that the Payment module included in it may interact

with facilities provided by the Payment Services Platform

Payment

clearance

This concept represents the interaction between the LRI

Portal GUI with the Payment Services Platform with the

interest of retrieving information relevant to the clearance of

payments made by EJP registered users As soon as a

transaction is marked as processed successfully the LRI

Portal GUI allows end users to submit their queries to Land

Registers Furthermore it is assumed that Land Registers

accept that if a consultation requiring a fee is submitted by the

EJP the end user submitting it has already paid the amount

required and do not require further information on this fact

either from the EJP or the Payment Services Platform

Business

payment services

This concept represents the collaboration between the EJP

and the Payment Services Platform in order to deliver the

functionality required so that the EJP can when required

retrieve payment information relevant to a given query

Payments A service module included in the Common Communication

Protocol which includes services relevant to providing

payment information to the Interconnection Hub when such

information is required (eg inform the Hub if a given query

has been paid and thus the requester can access its result)

LRI Peer This concept represents a software component which

implements the common communication protocol and is

deployed in the Member State premises

Automated

product

management

This concept represents the interaction between the LRI Peer

with the Payment Services Platform with the interest of

automatically managing the products offered by a Land

Register via the LRI Essentially it allows Land Register users

to create or modify service bundles (such as pre-paid

consultations monthly or yearly subscriptions etc) using

their own systems and eventually publish this information

using this interaction to the Product Management service

module of the Payment Services Platform

Product This concept represents the collaboration between the LRI

125 279

Name Documentation

management

services

Peer module and the Payment Services Platform so as to

enable automations related to Product Management

Table 15 Key concepts of the payment solution design

342 Physical payment solutions

The previous section provided a logical solution which can support the establishment of an

electronic marketplace for the LRI However it is important to identify candidate physical

solutions which are based on the three alternatives discussed in section lsquoSolution Goalsrsquo

and evaluate their match against the logical design proposed

These physical solutions have been identified using as basis the information provided by

Land Registers in Questionnaire nr 3 or in the case of the Virtual Bank are lsquogreen-fieldrsquo

proposals

Before proceeding further it must be stressed that the proposals made in this document are

not exhaustively analysed The intention is to present to the reader a high level view of

each proposal so that a decision can be reached and an implementation road-map can be

drawn Indeed it is expected that in case any of these solutions are chosen for further

development detailed analysis will be required for its realisation

3421 Solution 1 Usage of existing payment systems

34211 Description

As identified in KF-001 the majority of Land Registers requires some form of

compensation so as to provide access to LR data Furthermore the responses provided by

Land Registers in regard to the services they provide electronically (see Part II) leads to

the conclusion that several of them have already established payment systems they use

using specific Payment Service Providers (PSP) for that purpose

In this approach Land Registers would maintain their existing PSP and the LRI payment

solution would be required to integrate with them The key point to observe is that instead

of having a single Payment Services Platform the solution utilises multiple ones since the

existing PSP will play this role The LRI payment solution implementation will be

extended in order to map LR and their corresponding PSP By default it is expected that a

single PSP will be assigned to a single LR however it seems reasonable to also expect that

in cases where LR share PSP (eg UK and NL) it may be possible to reflect this in the LRI

Payments configuration Assuming this model is followed it may also be expected that

eventually LR that do not currently use a specific PSP establish agreements with one of

the supported

Given the above a major deviation from requirement SR-005 is immediately identifiable

Indeed due to the fact that different PSP are to be used in this solution it is expected that

in most cases end users of the EJP will not be able to group services from multiple LR in

their shopping basket thus making it impossible to make a single payment for all desired

services

126 279

Furthermore the following assumptions must be true for this solution to be considered as

a viable candidate

a The PSP to be integrated and provide graphical user interfaces that end users can

use preferably in all official EU languages or at least in English

b The PSP offers a Shopping Basket service or supports integration with one that is

readily available in the market

c Product management is handled by facilities provided either by the PSP or the LR

Regardless of the approach it is possible to integrate the EJP to this service

d The PSP offers a variety of payment instruments that are available to all citizens of

EU

Hence in this approach an expected flow of actions for an end user to acquire his required

services would be the following

a The end user selects a set of services offered by a single Land Register At this

point EJP may determine additional LR available for selection to the end user

depending on the PSP used by them

b The shopping basket shows a calculated valuation in accordance to the

information provided by the Product Management module

c The end user decides to check-out his shopping basket He is then forwarded to the

payment clearance page of the specific PSP used by the Land Register where he

can choose his desired payment method

d Once payment is made by the end user and depending on the type of PSP (ie

Distributor Collector or Aggregator) and any specific agreements in place the

Land Register is informed and can subsequently allow queries to be submitted by

the end-user

e After this point the services bought by the end user become available to him

34212 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario However

given the fact that the PSP is not common for all participants

the EJP must either

a Not allow combining services from multiple Land

Registers as it will not be possible to make a single

payment for them

b Evaluate on a case by case basis which services may be

combined together

Approach (b) may work in cases where two (or more) Land

Registers share the same PSP and if it supports splitting

payments received to multiple recipients

Shopping Basket This service remains in place in this scenario It must be

noted however that the Shopping Basket implementation

chosen to be deployed will have to be possible to integrate

with the PSP employed by Land Registers

Product

Management

This service is expected to be provided by the LR PSP

127 279

Name Documentation

Payment

Services Platform

Even though the concept of the Payment Services Platform

does not seem to be valid in this scenario in reality it still

represents a set of services relevant to payments however

instead of employing one central platform the proposed

solution places the existing PSP in this role

In practice this means that one PSP can be used for one (or

more) Land Register

Order clearance This service is provided by the Land Register PSP It must be

noted that any graphical user interfaces provided by this

service must be either in the end userrsquos language or in

English

Accounting This service may be provided by the Land Register PSP or by

the Land Register itself

Payment

execution

This service is provided by the Land Register PSP

Payment

clearance

This concept remains the same in this solution However its

technical characteristics are determined by the lsquoBusiness

Payment Servicesrsquo collaboration

Business

payment services

This concept remains the same in this scenario However

instead of the EJP directly communicating with the PSP in

order to clear a payment made by an end user in this scenario

it is expected that the EJP forwards the end user to the LR

which subsequently passes the end user to its PSP of choice

The end user then makes all actions necessary so as to pay for

the services he has chosen and the payment clearance is

returned by the PSP to the Land Register Finally the Land

Register communicates with the EJP notifying it that the end

user payment has been successfully cleared

Table 16 Mapping key concepts to solution 1

3422 Solution 2 Mutual-trust model

34221 Description

This approach is currently employed in various forms by some of the participating

Member States and is similar to the service offered in the EULIS platform although this

does not provide a payment system in itself but rather an accounting system facilitating

payments

In essence an end user will have to establish an account with a competent authority

Subsequently the user may

d Pay a monthly fee which allows him unlimited LRI access

e Pre-pay an amount which is used as credit for LRI consultations

f Pay nothing upfront but receive periodic bill for LRI consultations he has

performed

128 279

These operation modes are available to LRI users according to the capabilities offered by

the competent authority with which they establish their account ie it may be the case that

a given authority supports more than one operation mode

Furthermore when an end user submits a query to a Land Register the recipient is able to

determine the competent authority to be billed using as input an identification token that

unequivocally binds the end user submitting the query to a competent authority

At a later time the Land Register issues an invoice to the competent authority which

details the services billed over a period of time this invoice may include various details

(such as type of queries type of responses provided etc) as well as information necessary

for the identification of end users that have consulted the LRI service during the billing

period At this point the competent authority reimburses the costs of service use to the

Land Register

It must be noted that due to the nature of this model it may be the case that the Payment

Services Platform employed which essentially becomes an accounting platform as the

payment element is removed may have to be custom-built since finding a service provider

for such a specialised set-up can prove to be difficult

34222 Mapping to logical solution

Name Documentation

Shopping basket

service

This integration remains valid in this scenario

Shopping Basket In this scenario and given the fact that no direct payments

are required by end users the shopping basket services is

only used for the purpose of collecting the services chosen by

the end user which are subsequently stored and processed in

Accounting

Product

Management

This service is expected to be provided by the Payment

Services Platform

Payment

Services Platform

In this scenario the Payment Services Platform works as an

e-commerce platform providing supportive services to LRI

participants without however implementing actual monetary

transactions between them

In practice it facilitates accounting reporting and product

management and allows end users to create collections of

services without actually imposing payments

It must be noted that it is not up to the Payment Services

Platform to facilitate the transfer of the identification tokens

required so that Land Registers can determine the competent

authority to be billed This process is expected to be

implemented by the Identification service module of the LRI

architecture

Order clearance This service is not required in this scenario

Accounting This service is expected to be provided by the Payment

129 279

Name Documentation

Services Platform In this solution this service module is

responsible for keeping a record of all transactions recorded

between users of a given competent authority and Land

Register Subsequently its reporting capabilities are used to

create the invoices required so that payment of services can

take place

Payment

execution

This service is not required in this scenario Any payments

made between Land Registers and competent authorities are

expected to be carried out via other means (eg using bank

accounts and payment instruments that are not in the scope of

the LRI Payments system) and according to the invoices

generated by the Account service module

Payment

clearance

This service is not required in this scenario

Business

payment services

This collaboration is not required in this scenario

Table 17 Mapping key concepts to solution 2

3423 Solution 3 Central payment services provider

34231 Description

A centralised Payment Services Provider (PSP) simplifies complex transactions and on-

line payment management as it allows the automatic management of multiple accounts

(Land Registers end users other stakeholders) in real time using a common process It

allows the processing of high and medium volume collections payments and balances

with complete transparency

In essence the solution foresees that the Payment Services Platform depicted in the logical

solution design is to be provided by a PSP In accordance to the descriptions provided in

section lsquoTypes of payment service providersrsquo the type of PSP to be employed is an

Aggregator providing a complete turn-key solution for all LRI participants Thus the

services offered may include facilities that support the required payment instruments

provide payment clearance reporting and accounting according to standard accounting

practices

From a set-up point of view this solution is by far the simplest since its establishment

does not require LRI participants to take specific actions or manage contractual

arrangements on their own Indeed in this scenario the European Commission would have

to establish a contractual agreement with a PSP and subsequently collect necessary

information from LRI participants for the establishment of a payment process Land

Register representatives may be given direct access to the reporting facilities provided by

the PSP or it may be the case that certain reports are delivered automatically to them in

pre-defined time periods

130 279

For example the issue of paying multiple recipients at the same time can be solved using a

PSP in the following way

a The end user is presented with an invoice to be paid and a selection of payment

options However the invoice is composed of information provided by multiple

Land Registers

b The end-user decides which payment option to use and subsequently makes the

payment for the information he wishes to receive

c The money paid by the end-user is initially transferred into a single bank account

belonging to the PSP At this point the PSP notifies the EJP that the payment has

been successfully cleared and thus the end user can have access to the services

requested

d At a later time the PSP breaks down the amount received into small transactions to

each Land Register according to the price requested by them for the services

requested

e In a pre-determined time frame (eg once per month) the Land Registers receive

payment for the services they provide

Some important details should be noted here

a It is expected that payments for services may occur periodically however it may

be the case that the PSP can offer flexible configurations per recipient (eg some

Land Register may require payment for services once per month whereas others

once per week)

b Given the fact that the service is provided by an external entity it is understood

that a cost element is attached to it This cost element may be translated to a certain

commission per transaction for example as a percentage in monthly payments

c The PSP provides a wide set of payment instruments as well as graphical user

interfaces in the native language of the end user

34232 Mapping to logical solution

No particular mapping is required for this solution This is due to the fact that the logical

solution proposed earlier in this document is based on standard approaches for designing

e-marketplace solutions such designs are established around the capabilities provided by

PSP and leverage them in order to deliver their expected result Thus since in this solution

the Payment Services Platform is undertaken by a PSP the services depicted in the logical

design (eg Shopping Basket Payments Clearance Account etc) are expected to be

provided by it However it must be noted that LRI participants will still have to integrate

the Product Management service module of the PSP via the Payments service module of

the LRI peer in order to automate the process of managing offered services

In addition Land Register users can access the accounting and reporting facilities

provided by the PSP in order to retrieve information relevant to transactions already

performed

131 279

3424 Strengths and weaknesses of the proposed solutions

Alternative Strengths Weaknesses

Solution 1

Usage of existing

payment systems

Re-use of existing assets

One of the most important

benefits of this solution is the

fact that it is based on

existing set-ups that Land

Registers in some Member

States have with PSP Thus

existing implementations

may be re-used lessons

learned leveraged and

potentially shared among

participants

High Complexity The most

important drawback of this

solution is the set-up and

maintenance complexity

Indeed the use of multiple

PSP will require substantial

organisation and

implementation effort on the

side of the Common

Communication Protocol

Furthermore evolutions of the

LRI that may involve

payments will also be

affected by the high level of

complexity of this solution

as any potential change will

have to be discussed and

agreed upon not only with

the Land Registers but also

with the PSP involved in the

project

Non-compliance At least

one requirement (SR-005) is

not possible to be

implemented by this

solution

User unfriendliness The

fact that users must pay

separately for each Land

Register using a different

payment solution (which

may not be available in their

native language) makes this

solution very unfriendly for

users interested in consulting

more than one Land

Register

Solution 2

Mutual-trust

model

Small footprint A basic

advantage of this solution is

that it does not necessarily

require an external service

provider in order to be

implemented Indeed most

of the facilities required for

its proper realisation can

Difficult to implement in

practice A basic factor that

can enable this solution is to

identify competent

authorities that are capable to

undertake the task of

identifying users and

eventually accept to be billed

132 279

Alternative Strengths Weaknesses

either be custom built or

existing implementations

(such as the one employed by

ES or the EULIS platform)

may be expanded so as to

cater for the additional

requirements

Flexibility for services

provided This approach

allows Land Registers to

make per case agreements

with competent authorities

This aspect when combined

with the fact that a competent

authority in the context of

payments may be combined

with competent authorities

offering end user

identification (as foreseen in

the lsquoArchitecture Overviewrsquo)

may allow specific service

agreements depending on the

nature of the authority or the

end user

Identification flexibility

Given the fact that the term

lsquocompetent authorityrsquo simply

denotes a specific role in this

solution it may be possible

that it can be undertaken by

any authority regardless of

its connection with the end

users registered with it For

example assuming that a

Land Register is willing to

undertake the role of this

lsquocompetent authorityrsquo it may

be the case that it is willing

to facilitate end users from

multiple Member States or

professional capacities

for the services these users

receive by Land Registers

This weakness has been

confirmed also by the

findings of the Business

Analysis where it has been

identified that not all Land

Registers can be tasked with

the identification of end

users

Moreover even if an entity is

indeed capable of identifying

end users it is not certain

that it will be within its

mandate to handle monetary

transactions

Custom solution Another

weakness of this solution

stems from its nature As

already explained it may be

hard to find a service

provider that can support the

operating model of this

service thus necessitating

the development of various

custom software components

that will be used for its

realisation

Implementing such a custom

solution is estimated to be

very resource-consuming

and due to the high

sensitivity of any errors in

the financial domain highly

problematic in real use until

all software problems are

eliminated and the solution

works correctly

Solution 3

Central Payment

Services Provider

Full payments

functionality This solution

represents the best possible

approach as it offers a fully

centralised system that can be

used for processing payments

Cost element The main

weakness of this solution is

the fact that Payment Service

Provider will require

compensation for the service

offered This compensation

133 279

Alternative Strengths Weaknesses

of any kind

Potential for re-use

Another benefit of this

solution is that it may be

easily re-used for other

projects of the European

Commission that require

similar services

Fully conformant with

requirements This solution

is by definition fully

compliant with the

requirements established in

lsquoSolution significant

requirementsrsquo It can support

a variety of languages

conform to any relevant

standards or legal

frameworks and facilitate

multi-way payments to Land

Registers and support

transactions done in different

currencies

may materialise as a standard

cost (eg a yearly fee) as a

commission in each

transaction or as a percentage

once funds are transferred to

Land Registers as done by

all of the Payment Service

Providers

Table 18 Strengths and weaknesses comparison

134 279

4 Annexes

41 List of national land registers and their organisation

This section lists registers containing land information for purposes such as juridical

regulatory fiscal or merely informational The term lsquoland registerrsquo is used in its broadest

meaning for so a primary goal of this list is to indicate for each Member State exactly

which national register(s) contains land information and which of them are candidates for

the interconnection (even if a Member State has multiple such relevant registers it may be

that the data is already aggregated by one of them at the national level and then it is

preferable to only interconnect with that one) The list below indicates also land registers

responsible authorities the level of digitisation and on-line presence

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Grundbuch

(Land book

land register)

Ministry of

Justice

100 Yes Cadastre and

register Land Book

together form a

national

information system

which shows real

estate data in an up-

to-date form

Cadastre BEV-

Federal

Office for

Metrology

and

Surveying

100 Yes

Address register Statistics

Austria

100 Yes

Land register Land

Registrar and

General

Administrati

on of

Patrimonial

Documentati

on

50 Yes The cadastral

identification of the

parcel of land is

widely used as

starting-point to

obtain relevant

information

concerning the land

(eg planning

information public

servitudes hellip)

Cadastre General

Administrati

on of

Patrimonial

Documentati

on

100 Yes

Property register Registry

Agency

100

(since

2009)

Yes Both Land and

Cadastre registers

provide on line

services and none

of them is used as

135 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

lsquofrontndashendrsquo for

obtaining or

consolidating

information from

other registers

Cadastre register Geodesy

Cartography

and Cadastre

Agency

NA Yes

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Department

of Lands and

Surveys of

Cyprus

(DLS)

100 No Not applicable ndash

off-line system

ISKN -

Information

system of the

cadastre of real

estate

CUZK 100 Yes NA

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

CUZK NA Yes

Land registry Implemented

by the 16

Laumlnder of

Germany

The Local

Courts are

responsible

for the real

estate within

their area

100 Yes Ownership-related

data available to

authorised users

only

Cadastre map only

publicly available

Real estate

cadastre

Implemented

by the

competent

authorities of

the 16

Laumlnder of

Germany

100 Yes

Den Digitale

Tingbog

(The Digitised

Land Register)

Tinglysnings

retten

100 Yes Not applicable ndash

only one system

Land register Land

Registry

100 Yes Not applicable -

Land register and

136 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Departments

of County

Courts

land cadastre

exchange

information

electronically so

land register gets all

necessary cadastre

information

electronically

directly from land

cadastre

Land cadastre Estonian

Land Board

100 Yes

Regional Land

Registry Offices

Ministry of

Justice

100

(since

2000)

No Not applicable ndash

off-line system

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Ministry of

Environment

Energy and

Climate

Change

39 Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Colegio de

Registradore

s de Espantildea

100 (in

2015)

No Not applicable ndash

off-line system

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Spanish

Directorate

for Cadastre

100 Yes

Other 4

cadastral

organisations

responsible for

5 of the

Spanish

territory

Servicio de

Riqueza

Territorial de

Navarra

Catastro de

Aacutelava

Catastro de

Guipuacutezcoa

NA NA NA

137 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Catastro de

Vizcaya

Land Register

called lainhuuto-

ja

kiinnitysrekisteri

in Finnish

National

Land Survey

of Finland

100 Yes The National Land

Information System

functions as a front-

end providing data

both from Land

Register and

Cadastre as

together they make

up the National

Land Information

System

Cadastre National

Land Survey

of Finland

100 Yes

National Land

Information

System

National

Land Survey

of Finland

100 Yes

Purchase price

register

National

Land Survey

of Finland

NA No

The land

registration in

France is strictly

ruled by the civil

law but there is

no national and

unique register

As a matter of

fact the land

registration in

France is split in

355 local

registers known

as lsquoservices de la

publiciteacute

fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be technically

based on

asynchronous

requests response

to an agreed query

form

FIDJI (made for

both

justiceproperty

security and

fiscal needs) is

an application

for providing

consulting

access to

transactions

DGFI

(Ministry of

Finance)

No data

stored

centrally

Deeds is

stored in

each of the

354 lsquoservice

100 No The DGFI

processes 6 million

requests yearly

Asynchronous

connection (based

on an agreed form)

is technically

possible but

depending on a

political decision

138 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

(from the 354

local registers)

but access is

reserved to the

administration

Parcels are

identified by

cadastral

number

de publiciteacute

fonciegraverersquo

MAJIC

(cadastre file for

fiscal purpose)

maintains

departmental

files

DGFI

(Ministry of

Finance)

No data

stored

centrally

Data is

stored in

each of the

93 relevant

departments

100 No See above (both

applications FIDJI

amp MAGIC are used

to address the

6000000

requests)

Hyposcan file

provides access

to scanned acts

(only as from

2004)

DGFI

(Ministry of

Finance)

100 as

from

2004

No No the application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments

(out of 101)

Ministry of

Justice

100 Yes Yes no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes inquiries

SPDC (Serveur

Professionnel de

Donneacutees

Cadastrales)

This is not a

register but a

server providing

access to a

subset of data

covered by the

MAJIC

application

(cadaster)

DGFI

(Ministry of

Finance)

100

(limited

cadastral

subset)

Yes No

This is the only

lsquoOn-Linersquo access

but it is reserved to

the lsquoregistered

officesrsquo of French

notaries and

geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

139 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

owner

- The document

number (document

drsquoarpentage)

Land Registry Municipal

courts

NA Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre State

Geodetic

Administrati

on

NA Yes

Unified Land

Registry System

(cadastre and the

legal registry)

Institutional

network in

hierarchy

1 Ministry

of Rural

Development

Dept of

Land

Administrati

on and

Geoinformati

on

2 Institute of

Geodesy

Cartography

and Remote

Sensing

(background

institute of

the Ministry)

3 county

land offices

(20)

4 district

land offices

(119)

100 Yes Not applicable ndash

only one system

National Land

Register

Property

Registration

Authority

88 Yes There is only one

land register in

Ireland operated by

the Land Registry Registration of

Deeds

Property

Registration

Authority

100

(since

1970)

Yes

Land registers Agenzia

delle Entrate

100

(since

end of

lsquo90s)

Yes Data included in the

databases of

Agenzia delle

Entrate is available

on-line for

authorised users

but the Agency

140 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

cannot be used as

an interface for

information

managed by Land

book services due

to institutional

jurisdiction

constraints

Cadastre Agenzia

delle Entrate

100 Yes

Land book Servizio del

Libro

Fondiario

della

provincia di

Trento

See

section

4816

Yes

Land book Catasto

Tavolare

Regione

Friuli

Venezia

Giulia

NA No

Land book Provincia

Autonoma di

Bolzano

Alto Adige-

Ripartizione

Libro

fondiario

NA No

Land book Ufficio

Tavolare

Cortina

drsquoAmpezzo

NA No

Real Property

Register

State

Enterprise

Centre of

Registers

Ministry of

Justice of the

Republic of

Lithuania

100 Yes Not applicable ndash

only one system

3 Bureaux des

Hypothegraveques

Administrati

on de

lrsquoEnregistre

ment

100 No Not applicable ndash

off-line system

National Real

Estate Cadastre

Information

System

The State

Land Service

100 Yes Cadastre can be

used as lsquofront-endrsquo

but there must be

further discussion

141 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

about which

relevant data is

needed

State Address

Register

The State

Land Service

100 Yes

State Unified

Computerised

Land Registry

Court

Administrati

on

100 Yes

Land Register Land

Registry

Land and

Public

Registry

Department

100 No Not applicable ndash

off-line system

Land Registers

and registers for

ships and planes

Cadastre

Public

Registers and

Mapping

Agency

100 Yes NL is in the process

of combining data

from several public

services in a

service called

Publieke

Dienstverlening op

de Kaart (lsquoPublic

Service on the

Maprsquo) Any user

will be thus enabled

to view and

combine all sort of

geographical

information by

using built-in

layers

Base

Registration of

Cadastre

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of

topographic

maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National base

registry of large

scale maps

Cadastre

Public

Registers and

Mapping

Agency

100 Yes

National register

of public

limitation on

Cadastre

Public

Registers and

100 Yes

142 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

parcels Mapping

Agency amp

Municipalitie

s (so-called

lsquodual

systemrsquo)

New Land Book District

Courts

Ministry of

Justice ndash

Department

of

Informatisati

on of

Common

Courts

95 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

Cadastre Powiat

Offices (local

government

Ministry of

Administrati

on and

Digitization

NA NA

National Land

Registry

Institute of

Registries

and Notaries

100 Yes If it becomes

advisable to have

only one of them as

lsquofront-endrsquo to

obtain consolidated

information from

other registries as

land registry has

originally more

information and is

the only registry

with legal value

which aims to

promote the

security of the

trade this front end

could easily be the

land registry

Tax Id of the

property

Tax

administratio

n

100 Yes

Cadastre Instituto

Geograacutefico

Portuguecircs

(IGP)

Unknown Yes

Register of National NA Yes NA

143 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

applications for

land registry

excerpts and

notarial deeds

(land books)

Agency for

Cadastre and

Land

Registration

GEOPORTAL

(Cadastre)

National

Agency for

Cadastre and

Land

Registration

NA Yes

Real property

register

(consist of both

cadastre and

land register)

Lantmaumlteriet 100 Yes Not applicable ndash

only one system

The electronic

Land Register

(eZK)

Center for

Informatics

at the

Supreme

Court of the

Republic of

Slovenia

100

(since

010520

11)

Yes Not applicable ndash

only one system

ISKN ndash Land

Registry

Information

System

UacuteGKK SR ndash

(Geodesy

Cartography

and Cadastre

Authority of

the Slovak

Republic) -

methodologi

cal

management

of ISKN

MV SR

(Ministry of

Interior) -

District

Office

Cadastral

Department -

administratio

n and

maintenance

of ISKN

90 Yes Not applicable ndash

only one system

Engla

nd a

nd

Wal

es

Register

of title

Land

Registry

83 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

144 279

MS Register Responsible

organisation

Level of

digit

On-line Interconnection

candidate

Register

of

cautions

against

first

registratio

n

Land

Registry

100 Yes

Land

Charges

Registers

(relate to

unregister

ed land)

Land

Registry

100 Yes

Register

of

Agricultur

al

Charges

Land

Registry

0 No Not applicable ndash

off-line system

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes Landweb - the

electronic system

used for Land

Registry Registry

of Deeds and

Statutory Charges

Registry

of Deeds

Department

of Finance

Land amp

Property

Services

(LPS)

100

(since

1990)

Yes

Statutory

Charges

Register

Department

of Finance

Land amp

Property

Services

(LPS)

100 Yes

Sco

tlan

d

Land

Register

Registers of

Scotland

57 Yes Not applicable - all

land registry data is

currently available

to all on the

internet

General

Register

of Sasines

Registers of

Scotland

NA41

Yes

Crofting

Register

Registers of

Scotland

1 Yes

Table 19 List of National land registers

41 It is planned to close the General Register of Sasines at a future date

145 279

42 Title vs deed systems

Some Member States use a title system while others use a deeds system below table

indicates the system used by each Member State

MS Title Deeds Remarks

Yes Yes Title system register of title by parcel identifier

Reference is made to the respective deed whose copy

is stored in the Judicial Archive since 2006 older

documents can be inspected in paper form at the

specific District Court

Yes Deeds system

Yes Yes Both titles and deeds are registered

Yes Title system

Yes Title system

Yes Title system The deeds related to the entries are kept

in special files in German terms lsquoGrundaktenrsquo

Yes Yes A system of deeds mortgage deeds and other rights

and other financial circumstances

Yes Yes Title system Deeds are stored too

Yes Yes Approximately 6-7 of the countryrsquos areas (or

~20 of the registrable real property rights) is

covered by a newly developed and fully operational

cadastral system That system incorporates both

cadastre and land register which is title system

For the remaining of the country there is a deed

Registry System (in an analogue form) that registers

all deeds associated to land transactions and is

independent of the cadastre As the development of

the cadastral system continues the Deeds Registry

System will be phased-out (100 by the year 2020)

and its functions will be incorporated in the cadastre

Yes Title system

Yes Yes Title system A copy of the deeds document is saved

in electronic form too

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle)

No The Alsace region includes the two departments of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

Yes Title system is applicable Titles are registered on the

basis of deeds that must be according to a stipulated

form

Yes Title system

146 279

MS Title Deeds Remarks

Yes Yes Predominantly a title system with approximately 93

of land registered and 88 of titles

Yes Yes In Provincia Autonoma of Trento there is a title

registration system

Deeds registration system is present in the remaining

parts of Italy

Yes Yes Mixed system - title and deed registration

Yes Deeds system

Yes Title system

Yes Yes Both titles and deeds are registered

Titles to land are registered following applications

for registration and in accordance to the legal title

under which property was acquired In the majority of

cases property is acquired by means of a public deed

published by a Notary Public

Yes Deeds system with third party protection

Yes Title system

Yes Title system

Yes Deeds system

Yes Yes Title system Deeds are stored too

Yes The system is based on an electronic land registry

which requires submission of appropriate deeds

(original contracts declarations etc) for entries and

changes

Yes Title system

Yes Yes England and Wales Title system Deeds are stored

too

Yes Yes Northern Ireland There are both the Land

Registration and the Registry of Deeds Systems

Yes Yes Scotland There are two methods of

registeringrecording rights in property in Scotland

Namely recording of deeds in the General Register of

Sasines or Registering an interest in land or property

in the Land Register The General Register of Sasines

is gradually being phased out with the majority of

titles now being registered in the Land Register The

Land Register is a title based system and once an

interest in land has been registered in the Land

Register title flows not from a progress of title deeds

but from the register itself

Table 20 Titles and deeds systems

147 279

43 Summary of data analysis

148 279

149 279

150 279

151 279

Figure 27 Summary of data analysis

152 279

44 Detailed comparison tables

That section describes in the form of comparison tables the nature and structure of the

basic data that exists in the various national registers along with supported search criteria

Only minimal initial subset of land information was taken into considerations

Parcel address or location

Parcel ID

Parcel geographic coordinates

Parcel owner

Land register map - graphic information

Known encumbrances mortgages etc

Purchase price

441 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Grundbuch

(Land book

land register)

Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

Yes Yes Yes No

Land register Yes Yes Yes Yes

Cadastre Yes Yes Yes Yes

Property

register

Yes Yes Yes Yes

Cadastre

register

Yes NA Yes NA

Land Register

amp Cadastre

within the

Cyprus

Integrated Land

Information

System (CILIS)

Yes No Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

No No Yes Yes

RUacuteIAN -

Registry of the

Territorial

Identification

Addresses and

Real Estate

Yes Yes No No

Land registry Yes NA Yes NA

153 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Real estate

cadastre

Yes NA Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes

(partly)

Yes Yes Yes Search by parcel

ID possible only

with logon by

Danish digital

signature

Land register Yes Yes Yes NA

Land cadastre Yes Yes Yes NA lsquoParcel IDrsquo is a

cadastral code

Regional Land

Registry

Offices

Yes No No No lsquoParcel IDrsquo is a

unique cadastral

number (KAEK) is

attributed to each

property in the

cadastral database

National

Cadastre and

Mapping

Agency SA

(NCMA SA)

Yes Yes Yes Yes

Land Registry

(provides on-

line access to

data from

around 1000

Land Registers)

Yes Yes Yes Yes Description will

include origin

location (address)

and boundaries of

registered

properties and the

area measurement

(Surface in square

meters) land use

the administrative

system that may

affect it (eg

whether it is

subsidised

housing)

optionally other

physical features

might be registered

as well

If the parcel

contains a family

home this fact is

also registered as

family homes have

special protection

rules for selling

and mortgaging

but other data such

154 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

as the domicile or

the price are not

given generally in

excerpts due to

data protection

rules

Every registered

parcel is identified

with a different

number in each

municipality of

each registry That

is called the

property number

In addition there is

the IDUFIR which

is a unique number

that identifies each

single property in

the whole Spanish

registry system

Both numbers will

never change for

the same piece of

land

In addition

cadastral reference

can also be taken

into account to help

identifying the

property All

modern properties

have cadastral

reference when the

parties and the

registrar agree that

the cadastral parcel

can be identified as

the plot or

property

Spanish

Directorate for

Cadastre

(responsible for

95 of the

Spanish

territory)

Yes Yes Yes Yes lsquoParcel IDrsquo - only

the cadastral

reference No

IDUFIR or the plot

registry number

that are provided

by the land

registry which

due to his current

155 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

cooperation and

interconnection

with the cadastre

can provide the

cadastre parcel ID

National Land

Information

System

Yes Yes Yes Yes

FIDJI No No Yes Yes This is the

cadastral parcel

number (the same

that is used as key

for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of

the scanned act are

the unique keys

AMALFI Yes Yes Yes Yes

Land Registry Yes No Yes Yes lsquoParcel IDrsquo is

property

identification

number

Cadastre Yes No Yes Yes lsquoParcel IDrsquo is

cadastral parcel

number

Unified Land

Registry

System

(cadastre and

the legal

registry)

Yes Yes Yes Yes

National Land

Register

Yes Yes Yes Yes

Registration of

Deeds

Yes Yes No No

Land registers Yes No Yes Yes lsquoParcel addressrsquo ndash

for rural parcels

the place name

Cadastre Yes Yes Yes Yes Address search

possible for

buildings cadastre

only

Libro Fondiario

della provincia

di Trento

No No Yes Yes

Real Property

Register

Yes Yes Yes Yes lsquoParcel IDrsquo

includes cadastral

156 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

ndeg of land parcel

and its unique

number Also

unique ndeg of

structures

apartments in

multi-apartment

houses and

premises form as

separate real

property objects

3 Bureaux des

Hypothegraveques

Yes No Yes No

National Real

Estate Cadastre

Information

System

Yes Yes Yes Yes Information about

addresses comes

from State Address

Register

State Address

Register

Yes Yes No No Information about

address is

synchronised with

Cadastre

Information

System

State Unified

Computerised

Land Registry

Yes Yes NA Yes

Land Register Yes NA Yes Yes lsquoParcel IDrsquo -

property registered

is given a unique

number which is

generated

electronically

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

Yes No Yes Yes lsquoParcel IDrsquo is

interpreted here as

land book ID

Cadastre NA NA NA NA

National Land

Registry

Yes No Yes Yes The land registry

has the property

location As

mentioned above

the cadastre does

not cover all the

territory so in PT it

is more accurate to

speak about

properties or plots

157 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

than of parcels

Each land property

has an id number in

the land registry It

also has a tax

number issued by

the tax

administration or

the cadastre (in the

areas where it

exists) The tax

number is

mentioned in the

land registry

description

Tax Id of the

property

Yes No Yes Yes Parcel ID is Tax or

cadastre number

Search on address

is currently not

available on-line

Cadastre Yes Yes Yes Yes Parcel ID is Tax or

cadastre number

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No Yes Yes Parcel address not

always present

Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real property

register

(consist of both

cadastre and

land register)

Yes Yes Yes Yes

The electronic

Land Register

(eZK)

No No Yes Yes

ISKN ndash Land

Registry

Information

System

No No Yes Yes No address point

Engla

nd a

nd W

ales

Register

of title

Yes Yes Yes Yes The property

register for each

individual title

contains a

description of the

land which may be

the postal address

if there is one

Where known the

158 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

property register

includes details of

the inclusion or

exclusion of mines

and minerals in or

from the

registration and

easements rights

and privileges that

benefits the estate

The description is

by reference to a

plan which is part

of the register

If the property is

leasehold details

of the lease will be

noted

A registered

rentcharge

franchise or profit a

prendre in gross

must if the estate

was created by a

deed also contain

details of the deed

If the exact line of

a boundary has

been determined in

accordance with

statutory provisions

(this is not usual ndash

see item 4 below)

that will be noted

in the register and

shown on the title

plan

Parcel ID known as

title ndeg

Search on parcel

address is possible

when known

Register

of

cautions

against

first

registrati

on

NA Yes NA Yes

159 279

MS Register Parcel address Parcel ID Comments

Present Search Present Search

Land

Charges

Register

s

(relate to

unregist

ered

land)

NA No NA No

No

rther

n I

rela

nd

Land

Registry

Norther

n Ireland

Yes Yes Yes No lsquoParcel addressrsquo is

sometimes

included but not

always ndash

depending on

whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Registry

of Deeds

Yes Yes NA No

Statutor

y

Charges

Register

NA Yes No No

Sco

tlan

d

Land

Register

Yes Yes NA Yes

General

Register

of

Sasines

Yes Yes NA Yes

Crofting

Register

Yes Yes Yes Yes lsquoParcel addressrsquo is

sometimes

included but not

always ndash depends

on whether this is a

dwelling or

commercial

property or just

vacant land Parcel

ID search not

possible unless it is

a folio ndeg

Table 21 Parcel address and ID

160 279

442 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

Grundbuch

(Land book

land register)

No No Yes Yes

Cadastre Yes Yes Yes Yes

Address

register

No No No No

Land register No No No No

Cadastre Yes Yes Yes Yes

Property

register

No No No No

Cadastre

register

Yes NA Yes Yes

Land

Register amp

Cadastre

within the

Cyprus

Integrated

Land

Information

System

(CILIS)

No No Yes Yes

(2016)

ISKN -

Information

system of

the cadastre

of real estate

Yes NA Yes Yes

RUacuteIAN -

Registry of

the

Territorial

Identificatio

n Addresses

and Real

Estate

No No NA Yes

Land

registry

Yes NA Yes NA

Real estate

cadastre

No No No No

Den Digitale

Tingbog

(The

Digitised

Land

Register)

No No No No

Land register No No No No

161 279

MS Register Coordinates Map Comments

Present Search Present Search

Land

cadastre

Yes NA Yes Yes

Regional

Land

Registry

Offices

No No No No

National

Cadastre and

Mapping

Agency SA

(NCMA

SA)

Yes No Yes No

Land

Registry

(provides

on-line

access to

data from

around 1000

Land

Registers)

Yes Yes Yes Yes Property coordinates

are only given when

graphical information

is added to the

literature description

of the parcel The

system gives the

coordinates of the

central point of the

parcel in order to

facilitate

geolocalisation

Almost all modern

properties are

associated to the

literature description

and graphical

information The

graphical information

is provided by the

land registry and is

normally based on

the mapping of the

cadastre but it can

also be based on the

mapping of

geographical

institutes

Spanish

Directorate

for Cadastre

(responsible

for 95 of

the Spanish

territory)

Yes Yes Yes Yes

National

Land

Yes Yes Yes Yes

162 279

MS Register Coordinates Map Comments

Present Search Present Search

Information

System

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

Land

Registry

No No No No

Cadastre No No No No

Unified

Land

Registry

System

(cadastre and

the legal

registry)

Yes No Yes No Cadastral map legal

parcel boundaries

administrative

boundaries parcel

number buildings

and other

constructions street

name and address

agricultural land use

cultivation and other

attributes according

to law

National

Land

Register

Yes Yes Yes Yes

Registration

of Deeds

No No No No

Land

registers

No No No No Boundaries are

specified in the deed

Cadastre Yes No Yes No Users can get parcel

coordinates by

submitting a special

request

Libro

Fondiario

della

provincia di

Trento

No No No No

Real

Property

Register

Yes Yes Yes Yes

3 Bureaux

des

Hypothegraveques

Yes No Yes No

National

Real Estate

Cadastre

Information

Yes Yes Yes Yes

163 279

MS Register Coordinates Map Comments

Present Search Present Search

System

State

Address

Register

No No Yes Yes

State Unified

Computerise

d

Land

Registry

No No No No

Land

Register

No No Yes Yes

Kadaster-on-

Line

(webservice)

Yes Yes Yes Yes

New Land

Book

No No Yes No

Cadastre NA NA NA NA

National

Land

Registry

No No No No

Tax Id of the

property

Yes No Yes No Searches only on the

part of the country

subject to Cadastre

Cadastre Yes Yes Yes Yes Only owners can

search based on their

own personal data

Register of

applications

for land

registry

excerpts and

notarial

deeds (land

books)

Yes Yes Yes NA Searches on land

book ndeg

topographical ndeg

cadastral ndeg

Real

property

register

(consist of

both cadastre

and land

register)

Yes Yes Yes Yes Searches on Central

point(s) (property

coordinates)

cadastral Index Maps

(parcel ID)

The

electronic

Land

Register

(eZK)

No No No No

ISKN ndash

Land

Yes Yes Yes Yes

164 279

MS Register Coordinates Map Comments

Present Search Present Search

Registry

Information

System

Engla

nd a

nd W

ales

Regis

ter of

title

No No Yes Yes Property coordinates

Not included unless

the exact line of a

boundary has been

determined in

accordance with

statutory provisions

The determination

may be of just one of

the boundaries not

all of them See item

lsquoDetermination of

boundaryrsquo below

Map known as Title

Plan

Regis

ter of

cautio

ns

again

st

first

regist

ration

NA NA NA Yes

Land

Charg

es

Regis

ters

(relat

e to

unreg

istere

d

land)

NA NA NA No

Nort

her

n I

rela

nd

Land

Regis

try

North

ern

Irelan

d

Yes Yes Yes Yes

Regis

try of

Deed

s

No NA No No

165 279

MS Register Coordinates Map Comments

Present Search Present Search

Statut

ory

Charg

es

Regis

ter

Yes Yes Yes Yes Map search Using

sheet number and

entry S

cotl

and

Land

Regis

ter

Yes Yes Yes Yes

Gener

al

Regis

ter of

Sasin

es

No No NA Yes

Crofti

ng

Regis

ter

Yes No Yes Yes lsquoProperty

coordinatesrsquo off-line

search can be

requested

Table 22 Property coordinates and map

443 Owner

MS Register Owner Comments

Present Search

Grundbuch (Land

book land

register)

Yes No

Cadastre Yes No

Address register No No

Land register Yes Yes

Cadastre Yes Yes

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within

the Cyprus

Integrated Land

Information

System (CILIS)

Yes Yes

ISKN -

Information

system of the

cadastre of real

estate

Yes Yes

RUacuteIAN - Registry

of the Territorial

No No

166 279

MS Register Owner Comments

Present Search

Identification

Addresses and

Real Estate

Land registry Yes NA

Real estate

cadastre

Yes NA

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes Yes Search by owner name possible

only with logon by Danish

digitised signature

Land register Yes Yes Division called lsquoOwnerrsquo contains

information about owners (name

registrationidentification code)

and type of ownership in case of

joint or common ownership In

case of common ownership also

information about size of the

shares of co-owners

Land cadastre No No

Regional Land

Registry Offices

Yes Yes

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes Yes

Land Registry

(provides on-line

access to data

from around 1000

Land Registers)

Yes Yes If the owner is a natural person

name and surname address

identity card number and civil

status (single married or widow)

If the owner is married the

matrimonial economic regimen

and the status (joint tenancy or

private good) is registered If the

owner is a child the power of

representation of the parents or the

tutor has to be justified If the

conveyance is done by third

parties representation has also to

be justified

If the owner is any kind of

company social name address

tax identifier number and

constitution data including those

of registration in the business

registry Also the representatives

of the company who convey have

to justify the power of

representation or attorney

Spanish Yes Yes Always the one said to be the

167 279

MS Register Owner Comments

Present Search

Directorate for

Cadastre

(responsible for

95 of the

Spanish territory)

owner by the cadastral base not

the legal owner which is only

provided by the land registry in

registered property as stated in

article 3 of the cadastre regulation

act

National Land

Information

System

No No

FIDJI Yes Yes You have to know the property

location first (commune)

MAJIC Yes Yes You have to know the property

location first

(departmentcommune)

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes Yes Contains name birth date and

ownerrsquos address

Search is possible only for certain

users in certain cases specified in

law as police in investigation

cases notaries in succession cases

etc

National Land

Register

Yes Yes

Registration of

Deeds

Yes Yes

Land registers Yes Yes

Cadastre Yes Yes

Libro Fondiario

della provincia di

Trento

Yes Yes

Real Property

Register

Yes Yes

3 Bureaux des

Hypothegraveques

Yes Yes

National Real

Estate Cadastre

Information

System

Yes Yes Information about owners comes

from Land Registry Only certain

persons can search the information

using person identification data ndash

contract and permission to work

with person identification data

required Current legislation does

not allow that to be performed by

institutions in other Member

States

State Address No No

168 279

MS Register Owner Comments

Present Search

Register

State Unified

Computerised

Land Registry

Yes Yes Only certain persons can search

the information using person

identification data (police bailiffs

government officials and such)

Current legislation does not allow

that to be performed by institutions

in other Member States

Land Register Yes NA

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre

National Land

Registry

Yes Yes The land registry host information

about each property owner

including his marital status name

of spouse address The land

registry also has information about

other right in rem It identifies the

usufructuary and the person

entitled to the use or fruition of the

immovable property among

others Search limited by data

privacy rights Not available on-

line

Tax Id of the

property

Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Cadastre Yes No Tax administration documents

mention the responsible for tax

payment in general the owner but

with no legal value

Register of

applications for

land registry

excerpts and

notarial deeds

(land books)

Yes No

Real property

register

(consist of both

cadastre and land

register)

Yes Yes Search limited to registration

officers users

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land Yes Yes Search on trustee tenant

169 279

MS Register Owner Comments

Present Search

Registry

Information

System

E

ngla

nd a

nd W

ales

Register of

title

Yes Yes If the registered proprietor is a

company or limited liability

partnership this will include the

company number as registered by

the Registrar of Companies The

proprietorship register will also

include up to three addresses for

service and other matters affecting

the proprietor in relation to the

land

If the registered proprietor is a

natural person only very limited

categories of people can search for

the name in the index of

proprietorsrsquo names

Register of

cautions

against first

registration

NA No

Land

Charges

Registers

(relate to

unregistered

land)

Yes Yes

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes

Registry of

Deeds

Yes Yes

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes Yes

Crofting

Register

Yes NA

Table 23 Ownership

170 279

444 Known encumbrances

MS Register Known

encumbrances

Comments

Present Search

Grundbuch (Land

book land register)

Yes No

Cadastre No No

Address register No No

Land register Yes No

Cadastre No No

Property register Yes Yes

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

Yes No

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry Yes NA

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes NA

Land cadastre No No

Regional Land

Registry Offices

Yes NA Available in both systems Namely

mortgages pre-notifications of

mortgages seizures judicial

orders prohibiting transfer

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes NA

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes Mortgage obligation ensured

amount of mortgage with

distinction of guaranteed sums

(capital interest and costs)

deadline Spanish LR allows

syndicated mortgage credits and

lsquofloatablersquo mortgages ie one

171 279

MS Register Known

encumbrances

Comments

Present Search

mortgage for various present or

future loans

Legal mortgages have to be also

registered

These include charges sub-

charges leases and covenants to

which the land is subject and

notes of any statutory limitations

on the proprietorrsquos powers Those

charges are clearly identified with

their name time of constitution

limitations they produce and their

deadline

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

Yes No Only land easements

FIDJI Yes Yes

AMALFI Yes Yes

Land Registry Yes No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

Yes No Mortgage easement restrictions

etc

National Land

Register

Yes No All encumbrances capable of

registration under Registration of

Title Acts such as mortgages

easements Certain rights effect

without registration and a

purchasermortgagee must make

appropriate lsquooff registerrsquo enquiries

Registration of

Deeds

No No

Land registers Yes Yes There is not a specific kind of

search to find out the

encumbrances only

With reference to a subject (X) it

is possible to search only the

inscription formalities

(mortgages) or all the formalities

lsquoagainstrsquo that subject thus

obtaining a document called

lsquosynthetic listrsquo and then finding out

172 279

MS Register Known

encumbrances

Comments

Present Search

the interesting formalities within

that list

Cadastre No No

Libro Fondiario

della provincia di

Trento

Yes No

Real Property

Register

Yes Yes The Real Property Register

contains a note on the mortgage

and seizure Full information on

mortgage is stored in the Mortgage

Register while full information on

seizure is stored in the Register of

Property Seizure Acts

3 Bureaux des

Hypothegraveques

No No

National Real

Estate Cadastre

Information

System

Yes No

State Address

Register

No No

State Unified

Computerised

Land Registry

No No

Land Register Yes Yes Search possible If and as indicated

on application for registration and

also on which title it is based

Kadaster-on-Line

(webservice)

Yes Yes

New Land Book Yes No

Cadastre NA NA

National Land

Registry

Yes No Mortgages and other

encumbrances are inscribed at the

land registry

Tax Id of the

property

No No

Cadastre No No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA

Real property

register

(consist of both

cadastre and land

Yes No

173 279

MS Register Known

encumbrances

Comments

Present Search

register)

The electronic

Land Register

(eZK)

Yes No

ISKN ndash Land

Registry

Information

System

Yes No

Engla

nd a

nd W

ales

Register of

title

Yes No

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some burdens are shownsome

not

Registry of

Deeds

Yes Yes Sometimes are

providedsometimes not

Statutory

Charges

Register

No No

Sco

tlan

d

Land

Register

Yes Yes

General

Register of

Sasines

Yes NA Contained in list of deeds some

interpretation required

Crofting

Register

No No

Table 24 Known encumbrance

445 Purchase price

MS Register Purchase price Comments

Present Search

Grundbuch (Land

book land register)

Yes No Is part of the contract that

document is available on-line (pdf

format)

Cadastre No No

174 279

MS Register Purchase price Comments

Present Search

Address register No No

Land register Yes No

Cadastre No No

Property register Yes No The purchases price is not visible

on-line therefore itrsquos not a search

criteria

Cadastre register No No

Land Register amp

Cadastre within the

Cyprus Integrated

Land Information

System (CILIS)

Yes NA

ISKN -

Information system

of the cadastre of

real estate

No No In paper contracts only not on-

line

RUacuteIAN - Registry

of the Territorial

Identification

Addresses and Real

Estate

No No

Land registry No No Maintenance of transaction details

is a statutory task in Germany

(market transparency) information

is maintained in separate

databases not in cadastre or land

register

It is part of the files which are

kept by the Land Registry (in

German terms lsquoGrundaktenrsquo) The

data are also stored by the

municipalities department expert

committees (in German terms

lsquoGutachterausschussrsquo)

Real estate cadastre No No

Den Digitale

Tingbog

(The Digitised

Land Register)

Yes No

Land register Yes No Purchase price can be found from

the deed based on legitimate

interest

Land cadastre No No

Regional Land

Registry Offices

Yes No It is not an element of registration

however the relevant information

can be obtained since a copy of

the deed mentioning the price is

always needed and stored in the

175 279

MS Register Purchase price Comments

Present Search

Land Registries and Cadastral

Offices

National Cadastre

and Mapping

Agency SA

(NCMA SA)

Yes No

Land Registry

(provides on-line

access to data from

around 1000 Land

Registers)

Yes Yes The purchase price or the value set

by the parties in the deed is

registered when given However

due to data protection reasons it is

only given in an excerpt only

when specifically claimed under a

legitimate interest that will have to

be controlled by the registrar or

when required by a judge or a

public authority

Spanish Directorate

for Cadastre

(responsible for

95 of the Spanish

territory)

No No

National Land

Information

System

No No

FIDJI Yes Yes

AMALFI Yes No

Land Registry No No

Cadastre No No

Unified Land

Registry System

(cadastre and the

legal registry)

No No

National Land

Register

No No Data collected and stored by the

Authority but not shown on Land

Registry public register

Registration of

Deeds

No No

Land registers No No It is always specified in the deed

but its presence in the notation is

only possible because this

information is not compulsory for

land registers

Cadastre No No

Libro Fondiario

della provincia di

Trento

No No

Real Property

Register

Yes No

176 279

MS Register Purchase price Comments

Present Search

3 Bureaux des

Hypothegraveques

Yes No

National Real

Estate Cadastre

Information

System

Yes No Information about purchase price

comes from Land Registry

State Address

Register

No No

State Unified

Computerised

Land Registry

Yes No

Land Register No No

Kadaster-on-Line

(webservice)

Yes No

New Land Book No No

Cadastre NA NA

National Land

Registry

No No That information is presented to

land registry in the deed that

remains digitally archived but is

not inscribed on the property

sheet

Tax Id of the

property

No No Tax administration has tax value ndash

but this value does not match the

price

Cadastre No

Register of

applications for

land registry

excerpts and

notarial deeds (land

books)

Yes NA Not always present

Real property

register

(consist of both

cadastre and land

register)

Yes No

The electronic

Land Register

(eZK)

No No

ISKN ndash Land

Registry

Information

System

No No The purchase price is stored in the

collection of documents at the

regional District Office Cadastral

Departments where the data has

been collected

Engla

nd

and

Wal

es Register of

title

Yes No Purchase price or the value stated

for the purpose of the registration

fee where there was no purchase

price This applies to registrations

177 279

MS Register Purchase price Comments

Present Search

since October 2003

Register of

cautions

against first

registration

NA NA

Land

Charges

Registers

(relate to

unregistered

land)

NA NA

Nort

her

n I

rela

nd

Land

Registry

Northern

Ireland

Yes Yes Some transfers are for natural love

and affection ndash where there is no

purchase price

Registry of

Deeds

Yes NA Sometimes providedsometimes

not

Statutory

Charges

Register

No No

Sco

tlan

d Land

Register

Yes Yes Search available as an off-line

request

General

Register of

Sasines

Yes Yes Search available as an off-line

request

Crofting

Register

No No

Table 25 Purchase price

178 279

45 Language

The table in the current section lists languages in which the data is available in the various

Member States registers

MS Primary language Other language

German Not present

Dutch

French

German

Not present

Bulgarian Not present

Greek Not present

Czech Not present

German NA

Danish Not present

Estonian Inquiries can be made in English but answers are

always given in Estonian

Greek Not present

Spanish All the other official languages of the country

Catalan in Catalonia Balearic Islands and

Valencia

Gallego in Galicia and Vasque in the

Vasque Country

English

Finish

Swedish

English (to be implemented)

French Not present

Croatian Not present

Hungarian Not present

English Irish

Italian Not present

Lithuanian For the users of EULIS service information is provided

in English

French Not present

Latvian State Unified Computerised Land Registry Section

names are available in English content is available in

Latvian only

National Real Estate Cadastre Information System and

State Address Register Interface is available in

English content is available in Latvian only

Maltese English as a general rule lsquoCertificates of Titlersquo are

issued in Maltese

Dutch Not present

Polish Not present

Portuguese Not present

Romanian Not present

Swedish Headlines in English

Slovenian Not present

179 279

MS Primary language Other language

Slovak The information could be provided in a national

minority language That is possible only in specific

regions where population of national minority is at

least 20

English Welsh for land in Wales

Table 26 Member States Registers language

46 Usage costs and payments methods per Member State

In this section we report on the following information that was collected for each Member

State

What land data is available for free

What is the cost for accessing the non-free data

What are the accepted means of payment (eg cash money transfer etc)

What are available timings of payments (eg pre-paid subscription etc)

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

subscription credit card Fee is always

required

NA

pre-paid creditdebit

card

direct debit

Fee is always

required

NA

pre-paid money

transfer (at

bank office

or on-line)

credit card

Fee is always

required

Every service provided

on-line is at the cost of 1

BG leva (approximately

050euro)

NA creditdebit

card

(planned in

future)

Fee is always

required

NA

post-paid money

transfer

creditdebit

card

cash

Fee is always

required except for

notaries and other

authorised providers

based on the law

The fee for a page A4 is

at present 50 CZK

(approximately 2euro) and

average output has 2

pages

NA NA NA NA

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

The exemption from

payment is made in

the following cases

1 A person making

inquiry about

himself

The inquiry fee is 1euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

180 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

2 A person making

inquiry while

performing a public

function provided for

in the law such as

a Government

agency

b Court

c Local

government

agency

d Notary

e Bailiff etc

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro The

inquiry fee is 1 euro for

each inquiry object

1 Section 1 lsquoPlot

compositionrsquo

2 Section 2 lsquoOwnerrsquo

3 Section 3

lsquoEncumbrances and

restrictionsrsquo and

lsquoMortgagesrsquo

In order to see all

information about one

immovable one has to

pay a total of 3euro

pre-paid money

transfer

direct debit

Fee is always

required

Certificate of registration

of a land transaction

45euro

Certificate of cadastral

registrations of subsets of

property rights about a

property 45euro (for each

subset of property rights)

Certificate of cadastral

registrations of a

physicallegal person

45euro (for each category

of property

rightstransactions)

Certificate of absence of

cadastral registrations

about a physicallegal

person 45euro

Copy of a propertyrsquos

cadastral sheet 45euro (for

each double-faced page

of the cadastral sheet)

Copy of a deed or a

document from the

cadastral survey archives

45euro (for each double-

faced page of the deed or

the document)

Copy of a propertyrsquos

181 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

cadastral map extract

15euro

Copy of a propertyrsquos

cadastral map extract

containing the

coordinates of the

propertyrsquos boundaries

33euro

pre-paid

post-paid

creditdebit

card

direct debit

Fee is always

required

Simple informative notes

requested on-line 9euro +

VAT (21)

Certifications requested

on-line 30euro + VAT

(21)

post-paid NA Fee is always

required

NA

Requests to

DGFI

(Ministry of

Finance)

One for

each

request at

the time of

sending the

request

Bank cards

(the usual

set visa

etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

Fee is always

required

From 12euro (real

estatepersons) to 30euro

(full description of a co-

property)

Requests to

AMALFI

Copies are

delivered

after

payment

Bank cards

on the web

site

wwwlivrefo

ncierfr

Transfer

Chegraveque

Fee is always

required

From 5euro (real

estatepersons) to 25euro

(annexe)

available for

free

available for

free

All data is available

for free

Available for free

pre-paid

post-paid

money

transfer

credit card

NA Prices and fees of data

servicing and the other

relevant instructions are

determined by the Act

LXXXV1996

pre-paid

subscription

creditdebit

card

Fee is always

required

All users have equal

access on payment of a

prescribed fee under

Statutory Instrument SI

3802012 Land

Registration (Fees) Order

2012 and under Statutory

Instrument SI 512008

Registration of Deeds

182 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

(Fees) Order 2012

NA On-line

financial

services of

Poste

Italiane (the

Italian

Postal

Service)

credit card

Postepay

card

1 Consultation of

cadastral data

through a simple

identification of

the user by fiscal

code - all the

cadastral data

related to the real

estate except for

data concerning

the ownership

2 Consultation of

cadastral data

after registration

to the on- line

services of

Agenzia delle

Entrate all the

cadastral data

including those

concerning the

ownership Free

of charge when

the applicant is

the holder also

by share of a

property right or

other rights in

rem on the real

estate to which

the request of

information

refers

3 When the

applicant is the

holder also by

share of a

property right or

other rights in

rem on the real

estate to which

the request of

information refers

Everyone has to pay a fee

for a legal certificate

- a 15 euro stamp duty each

4 pages of the document

and

- a specific amount which

depends on the kind of

the requested document

Other examples of

payments

- for each searched name

an amount of 945euro is

due

- if in the list of

documents related to the

subject (person) there are

more than 30 notes an

additional payment of

473euro for each group of

15 notes is due

- for every consulted note

540euro are due

pre-paid money Exceptions from The procedure for

183 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid

subscription

transfer

creditdebit

card

direct debit

payments are

established in the

Law on State

Registers of the

Republic of Lithuania

and other laws

calculating payment for

the use of Register data is

established by the

Government of the

Republic of Lithuania

More details can be

found in section 4817

At the

moment of

delivery of

information

cash Fee is always

required

A fee of 050euro or of

074euro is due for each

copied page of

information delivered by

the register

State Unified Computerised Land Registry

post-paid

subscription

creditdebit

card

Finding if a property

is registered in Land

Register and when

the request is about

self-owned properties

4980euro per month and

285euro per folio viewed

National Real Estate Cadastre Information System and State Address Register

unregistered

users

pre-paid

registered

users

post-paid

subscription

unregistered

users

SMS

payment

Internet

banking

creditdebit

card

registered

users

money

transfer

Everyone can freely

search by property

address cadastral

number folio

number

Amount of payment

depends on the data type

delivery method and

license agreements (end

users or data distributors)

- real data base files

tables geospatial data or

just viewing services at

portal or special web

services for direct

database connection For

example to see full

cadastral information

about one property at

portal costs 285euro

geospatial information

download for one parcel

costs 256euro

pre-paid cash

cheque

Fee is always

required

For Official Search

Requests the fee

prescribed by law is

466euro whereas the fee

for a land registry plan is

233euro Copies of

certificates of title are

provided at a fee of 233euro

each

pre-paid money

transfer

Fee is always

required

NA

184 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

creditdebit

card

direct debit

available for

free

available for

free

All data is available

for free

Available for free

pre-paid creditdebit

card

at ATM

via

eBanking

Fee is always

required

1 Land registry

lsquopermanent certificatersquo

a) Ordered on-line - euro 15

b) Ordered at registry

service - euro 20

2 Simplified Land

Registry Information (on-

line)

a) Ordered On-line - 6 euro

b) Ordered at registry

service - euro 10

NA NA Fee is always

required exceptions

regulated by different

laws mainly for

public institutions or

authorities

information provided

to the court police

prosecutors etc is

free of charge

NA

NA NA If you are a property

owner and have an

electronic-ID you

can access your own

property for free

For public use there is a

Geodata sharing model

for Swedish public

administration with a

yearly fee depending on

use

For commercial users is a

transaction fee

For researchers there is a

discount

available for

free

available for

free

All data is available

for free

Available for free

pre-paid money

transfer

cash

Searching through the

Cadastral portal is

free of charge

However obtained

information (eg

Ownership

Document) has only

informative character

The fee for issuing of a

copy of the original of an

Ownership Document is

8euro There are other

charges for services

which are mentioned in

the Act on

Administrative Fees

1451995

England and Wales

pre-paid creditdebit Fee is always Fees are paid in

185 279

MS Timing of

payment

Means of

payment

Data available for

free

Cost of non-free data

post-paid card

direct debit

required accordance with the

current Land Registration

Fee Order 2013

Northern Ireland

NA cash

suspense

account

creditdebit

cards

Fee is always

required

Fees are governed by

Statute ndash the Land

Registry Fees Order and

Registry of Deeds Fees

Order

Scotland

pre-paid (for

ad hoc

queries)

post-paid

debit card

(for ad hoc

queries)

direct debit

Fee is always

required

Fees are charged per

enquiry (currently pound3)

Table 27 Registers usage costs

47 Overview of Member Statesrsquo memberships

That section indicates which Member Statesrsquo organisations and authorities belong to

international associations or networks

MS ELRA EULIS PCC CLGE

Non-member Bundesministeri

um fuumlr Justiz

Bundesamt fuumlr

Eich und

Vermessungswe

sen

Bundeskammer der

Architekten und

Ingenieurkonsulenten

(BAIK)

Bundesfachgruppe

Vermessungswesen

Oumlsterreichische

Gesellschaft fuumlr

Vermessung und

Geoinformation

(OVG)

Patrimonial

Documentation of

Belgium

Royal Belgian

Federation of

Mortgage Keepers

Non-member

pending

Administration

geacuteneacuterale de la

Documentation

patrimoniale

(Cadastre

Enregistrement

Domaines et

Hypothegraveques) -

Algemene

Administratie

van de

Administration

Centrale du

Cadastre

de

Lenregistremen

t et des

Domaines

Ordre Belge des

Geacuteomegravetres-Experts

asbl

Belgische Orde van

Landmeters-Experten

vzw

Union Belge des

Geacuteomegravetres-Experts

Immobiliers (UBG)

Belgische Unie van

Landmeters-Experts

(BUL)

Nationale Vereniging

van Landmeters-

186 279

MS ELRA EULIS PCC CLGE

Patrimoniumdo

cumentatie

(Kadaster

Registratie

Domeinen en

Hypotheken)

Experten (NVLE)

Association

Nationale de

Geacuteomegravetres-Experts

(ANGE)

Bulgarian

Registry Agency

Non-member Geodesy

Cartography

and Cadastre

Agency

Union of Surveyors

and Land Managers

Bulgarian Chamber

of graduated

Surveyors

Department of

Lands and

Surveys

Non-member Department of

Lands and

Surveys

The Cyprus

Association of Rural

and Surveyor

Engineers (CARSE)

Non-member Non-member

pending

Czech Office

for Surveying

Mapping and

Cadastre

Czech Office

for Surveying

Mapping and

Cadastre

Chamber of

Surveyors and

Cartographers (KGK)

in co-operation with

the

Czech Union of

Surveyors and

Cartographers

(CSGK) and with the

Czech Office of

Surveying Mapping

and Cadastre (CUZK)

Bund Deutscher

Rechtspfleger

Non-member Arbeitsgemeins

chaft der

Vermessungsve

rwaltungen der

Laumlnder der

Bundesrepublik

Deutschland

(Adv)

Bund der Oumlffentlich

bestellten

Vermessungsingenieu

re EV (BDVI)

Deutscher Verein fuumlr

Vermessungswesen e

VGesellschaft fuumlr

Geodaumlsie

Geoinformation und

Landmanagement

(DVW)

Non-member Non-member Agency for

Geodata

Den Danske

Landinspektorforenin

gThe Danish

Association of

Chartered Surveyors

(DdL)

Praktiserende

Landinspektoslashrers

ForeningThe Danish

Association of

Licensed Surveyors

in Private Practice

187 279

MS ELRA EULIS PCC CLGE

(PLF)

Observer member

Centre of

Registers and

InfoSystems

Non-member

pending

Kinnistusraamat

(Land Register)

MAA - AMET -

Estonian Land

Board

Eesti Geodeetide

UumlhingAssociation of

Estonian Surveyors

Land Registrars

Association of

Greece

Non-member Ktimatologio

AE

Hellenic Association

of Rural and

Surveying Engineers

(HARSE)

Technical Chamber

of Greece

Colegio de

Registradores de

Espantildea

Colegio de

Registradores

de la Propiedad

mercantiles y de

bienes muebles

de Espantildea

Direccioacuten

General del

Catastro

Colegio Oficial de

Ingenieros Tecnicos

en Topografia

Observer member

Maanmittauslaitos

Maanmittauslait

os

Maanmittauslait

os

Maanmittausinsinoumloumlri

en Liitto ry

Maanmittausalan

ammattikorkeakoulu-

ja opistoteknisten

liitto MAKLI ry

Association des

Conservateurs

Drsquohypothegraveques de

France

Non-member Ministegravere de

Leacuteconomie des

Finances

et de Lindustrie

Direction

Geacuteneacuterale des

Impocircts

Ordre des Geacuteomegravetres-

Experts (OGE)

Observer member

Ministry of Justice

Non-member Državna

Geodetska

Uprava

Hrvatska komora

ovlaštenih inženjera

geodezije (Croatian

Chamber of

Chartered Geodetic

Engineers)

Non-member Non-member Institute of

Geodesy

Cartography

and Remote

Sensing (FOumlMI)

Section for Surveying

and Geoinformation

of the Hungarian

Chamber of

Engineers (MMK

GGT)

Hungarian Society of

Surveying Mapping

and Remote Sensing

(MFTTT)

Association of the

Hungarian

Geoinformatic and

Geodetic Surveying

188 279

MS ELRA EULIS PCC CLGE

Enterprises

(MFGVE)

Property

Registration

Authority

Property

Registration

Authority

Property

Registration

Authority

Ireland

Irish Institution of

Surveyors (IIS)

Agenzia delle

Entrate

Servizio Libro

Fondiario

Non-member Agenzia delle

Entrate

Consiglio Nazionale

Geometri e Geometri

Laureati

Registru Centras

Central Mortgage

Office of the

Republic of

Lithuania

Registru

Centras

Registru

Centras

Lietuvos matininku

asociacija

(LMA)Lithuanian

Association of

Surveyors

Administration de

lrsquoenregistrement et

des domaines

Non-member Administration

du Cadastre et

de la

Topographie

Ordre

Luxembourgeois des

Geacuteomegravetres (OLG)

Observer member

Department of

Courts and Land

Registers Court

Administration

Ministry of Justice

Non-member

pending

State Land

Service

(provided

system is

called National

Real Estate

Cadastre

Information

System)

Valsts Zemes

Dienests

Latvijas Mērnieku

biedrība

LMBLatvian

Association of

Surveyors

Non-member Non-member Land and Public

Registry

Malta Institution of

Surveyors

Kadaster Kadaster Kadaster Geo Informatie

Nederland (GIN)

Hydrographic Society

GeoBusiness

Nederland

Polish Association

of Registrars

Non-member Głoacutewny Urząd

Geodezji i

Kartografii

Chamber of

Surveying

EnterprisesGeodezyj

na Izba Gospodarcza

Polish Commercial

Geodesy Employers

Association of

Geodetic

Cartographic

FirmsPolska

Geodezja

Komercyjna Krajowy

Związek

189 279

MS ELRA EULIS PCC CLGE

Pracodawcoacutew Firm

Geodezyjno-

Kartograficznych

Instituto dos

Registos

Associaccedilatildeo

Sindical dos

Conservadores

dos Registos

Non-member

Instituto

Geograacutefico

Portuguecircs

Portuguese

Geometers

Association

Agentia Nationala

de Cadastru si

Publicitate

Imobiliara

Romanian Land

Registry

Association

Non-member Agentia

Nationala de

Cadastru si

Publicitate

Imobiliara

Romanian

Association of

Private Surveyors

(RAPS)

Romanian Union of

Geodesy (RUG)

Observer member

Lantmaumlteriet

Lantmaumlteriet Lantmaumlteriet The Swedish

professionals for the

built Environment

Observer member

Supreme Court of

Justice of

Slovenia

Non-member

pending

The Land

Registry

(Zemljiska

knjiga)

Geodetska

Uprava

Republike

Slovenije

Slovenian chamber of

engineers ndash section of

surveyors

Non-member

Not a member

but partly

connected

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Uacuterad geodeacutezie

kartografie a

katastra

Slovenskej

republiky

Chamber of

Surveyors and

Cartographers (KGK)

Slovak Mining

Society (SBS)

England and

Wales

Land Registry

Scotland

Registers of

Scotland

England and

Wales

Land Registry

Scotland

Registers of

Scotland

Ordnance

Survey

Britains

National

Mapping

Agency

The Royal Institute of

Chartered Surveyors

79 29 100 100

Table 28 Member State membership

190 279

48 Member States profiles

This section contains profiles of all Member States participating in the study For each the

following basic information is presented

Registers on-line ndash types of registers available on-line

Access for the following users ndash which users have access to land data

RegistrationAuthentication process ndash conditions for getting access

User can search by ndash what data can be used for searches

Access by other MS ndash described whether access for users from other Member State is

available

National legislation ndash main points of national legislation related to data protection

Language ndash in what language(s) data is available

Legal status of the provided information ndash what is the legal status of the data retrieved

from the register

Payment ndash payments related information

Pilot project ndash willingness of the Member State to participate in the pilot project

481 AT

Registers on-

line

Land register Cadastre

Access for the

following users

Access is open to the public and for anyone interested via

internet the only restrictions concern search with regard to

persons

Registration

Authentication

process

Anonymous customer number of the clearing house

User can

Search by

Access by

other MS

Yes

National

legislation

No search with regard to persons each search or document has to

be paid

Language German

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Payment is always required Payment mode is subscription

payment method is credit card

Pilot project Yes

Grundbuch Cadastre Address register

Search by name (YN) n n n

Search by address (YN) y y y

Search by property identification number (YN)

y y

Search by map (YN) y y n

Other (please specify)

191 279

482 BE

Registers on-

line

Land register Cadastre

Access for the

following

users

Anyone wishing to consult the land register or the cadastre can do

so if a legitimate interest in obtaining the information is

demonstrated Notaries are allowed to access to more information

than the citizens

Registration

Authentication

process

ID Card

User can

Search by

LR No Cadastre Parcel address Parcel ID Property

coordinates Owner Map Known encumbrances Purchase price

Access by

other MS

Yes

National

legislation

All citizens can have access to their own data Land data are

limited by privacy

Language French Dutch German

Legal status of

the provided

information

Legal certificate Parcel address Parcel ID Property coordinates

Owner Map Known encumbrances Purchase price

Payment Only pre-paid Fee - creditdebit card direct debit

Pilot project Yes in principle Naturally depending on the development to be

done (or not) to be connected

483 BG

Registers on-

line

Property register Cadastre register

Access for the

following

users

LR is public with the same level of on-line access

Registration

Authentication

process

User access divided into roles only for the purpose that some of

them have free access The registered users need to verify their

accounts via the e-mail that they have provided (logging onto

their email and verifying a link) After that they can log by user

name and password

User can

Search by

Property register Parcel address Parcel ID Owner Known

encumbrances

Access by

other MS

All users can obtain the same information after making a

registration and pay for the services of the portal

They can search by name address property identification

number

National

legislation

All information is public

Language Bulgarian

Legal status of

the provided

Official documents are issued only on paper in the Registry

Agencyrsquos offices They are stamped by Registry Agency and

192 279

information signed by Entry judge They are not available via internet

Payment Bank payment electronic payment

Pilot project Yes

484 CY

Registers on-

line

Land register and Cadastre within the Cyprus Integrated Land

Information System (CILIS)

Access for the

following

users

Registration

Authentication

process

As far as the civil servants who use the internal CILIS IT System

are concerned there is an internal registration and authentication

process As far as the rest of the categories who will have access

to the Government Gateway by Mid-2014 there will be a

registration and authentication process in the Gateway itself In

addition and for some Gateway applications an extra

authentication in-person may be required and will be dealt with

by the Citizen Service Centre in Cyprus or by the Cyprus

Embassies abroad Plans are also made that by the year 2015 an

e-card using e-signatures will also be available therefore the

authentication in person will not be necessary anymore

User can

Search by

Access by

other MS

Yes

Regarding access to the register and the so-called lsquoproperty

searchrsquo please find below a summary of the legislation that deals

with all users in general

Under section 51A of the Law Cap224 the Director of the

Department of Lands amp Surveys may provide any interested

person with any information recorded in the Land Register or in

any other file or book kept with any District Lands Office current

or previous including among others the history of each property

or all immovable properties of each owner and a very wide range

of information for each property and every transaction affecting

thereof It also allows the inspection of files or other documents

193 279

by lsquointerested personsrsquo in the presence of an officer of the

Department

A search certificate is issued only after the respective application

has been filed and the prescribed fees have been paid to the

Department of Lands and Surveys

Only an lsquointerested personrsquo or hisher agent or attorney may file

an application to be issued a lsquosearch certificatersquo

lsquoInterested personsrsquo means the owner of the property his heirs

devisees and legatees the owner of any trees buildings or other

objects on the land which belongs to another and vice versa the

person entitled to any right or interest in the immovable property

who satisfies the Director that he is a prospective purchaser or

mortgagor the plaintiff in any action against the owner of such

property the professional valuer who may require certain

information for purposes of evaluating certain immovable

property in a case relating to compulsory acquisition and includes

any person not thus specified to whom the Director may

specifically order that any information be furnished

The following persons are to this day specified as lsquointerested

personsrsquo Land Surveyors members of the Cyprus Scientific and

Technical Chamber Estate Agents the Director of the Council

for Registration and Control of Building and Civil Engineering

Contractors spouses or former spouses banking institutions

owners of adjacent properties accountants or auditors and

persons that have in their favour a decisionorder of the Court

regarding the property of the defendant

At the time of filing of any application for the issue of a search

certificate all applicants are advised to produce their identity card

and give the particulars of the property for which the information

is requested as well as provide any documents proving that they

are lsquointerested personsrsquo (eg certificate of registration certificate

of death and heirs etc) Where the information requested

concerns the properties of a specific person full particulars of his

name place of origin full address and whenever possible his

identity number should be given

National

legislation

Mentioned above

Language On line information will only be available in Greek for the time

being Any manual information may be translated in English

Legal status of

the provided

information

Legal Certificate Register Data

Payment The Government Gateway will require a pre-paid fee

194 279

Pilot project No for the time being

485 CZ

Registers on-

line

Information system of the cadastre of real estate (ISKN)

Registry of the Territorial Identification Addresses and Real

Estate

Access for the

following users

Information system of the cadastre of real estate

Paid service is available for everybody (citizens) free of charge

service is available for government and local self-government

organizations notaries and other authorized providers based on

the law

Registry of the Territorial Identification Addresses and Real

Estate

Free of charge service available to everybody

Registration

Authentication

process

Every applicant having the intention to get the access to the

Information system of the cadastre of real estate ndash remote access-

has to ask it in the form of request He must fill in the form to be

found on the website in which he mentions his name address

type of payment how often the invoice(s) should be sent to him

(there are some possibilities) etc Based on that request he

receives the confirmation and agreement together with his User

ID and password For citizens of other Member States there can

be a bit modified agreement but there is not any legal restriction

regarding the availability of the ISKN registry for foreigners

There is no possibility to get the legal output (authorised and

having the status of legal document) on-line without registration

195 279

Such an output can be obtained for single user in any cadastral

office or at any authorised provider or certifier (some notaries

post offices Contact points of Czech state administration -

CzechPoints)

There is another service lsquoconsultation the CRErsquo which is

available for everybody free of charge and users can get only

limited information from CRE serving for information only not

for legal purposes

User can

Search by

Access by

other MS

Yes

National

legislation

Everybody can get the access to the electronic data administered

in ISKN under conditions stated in the regulation to apply the

Cadastral Law (Act Nr 2562013 sect55 point 3) - based on

registration

Language Czech

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Registered user must pay for all provided outputs from

Information system of the cadastre of real estate The fee for a

page A4 is at present 50 CZK (approximately 2 Euros) and

average output has 2 pages

Registered user is invoiced after ending the accounting period

(monthly quarterly or yearly)

The invoice can be paid via money transfer creditdebit card or

even cash at the cadastral office-that option is not used very

often

Pilot project No

ISKN RUacuteIAN

Search by name (YN) y no

Search by address (YN) no y

Search by property identification number (YN) y n

Search by map (YN) y y

Other (please specify)

196 279

486 DE

Registers on-

line

Land registry Real estate cadastre

Access for the

following

users

Land registry

Real estate cadastre

Registration

Authentication

process

NA

User can

Search by

NA

Access by

other MS

NA

National

legislation

NA

Language German

Legal status of

the provided

information

NA

Payment NA

197 279

Pilot project NA

487 DK

Registers on-

line

Den Digitale Tingbog

(The Digitised Land Register)

Access for the

following

users

For everybody there is available summary information only

All information is available with logon by Danish digitised

signature

Registration

Authentication

process

Access by Danish digitised signature ndash does not require that the

system knows the user

User can

Search by

Access by

other MS

The system is open to everyone and there are no limitations

neither in terms of data nor roles

National

legislation

Due to existing Danish legislation full access is given by Danish

digitised signature

Language Danish

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment No fees

Pilot project No

488 EE

Registers on-

line

Land register Land cadastre

Access for the

following

Everyone some for free some with a fee

YN

Search by name N

Search by address Y

Search by property identification number N

Search by map N

Other (please specify) N

198 279

users

Registration

Authentication

process

Authentication is needed in the following cases

1 In case user wants to see personal LR information documents

etc authentication can be done by using ID-card mobile-ID or

on-line bank authentication

2 In case contractual user makes inquiries via website

kinnistusraamatrikee authentication can be done by using

username and password or ID-card Authentication is needed in

order to distinguish users who have to pay the fee (banks etc) and

users who get LR information free of charge (notaries

government agencies etc)

3 Contractual users who are obligated to pay the fee (banks

registered lawyers etc) can also use xml-services In that case

username and password is needed for authentication

4 Contractual users who get LR information free of charge can

also use x-road services in order to make inquiries directly from

the information system they are using (eg e-Notary) In that case

authentication is not needed since it is already done

User can

Search by

Access by

other MS

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

National

legislation

The current regulation concerns only Estonian contractual users

Access of users from other Member States will be decided case

by case

Language Estonian inquiries can be made in English but answers are

always given in Estonian

Legal status of

the provided

information

Provided information is legally valid and has the state guarantee

at the time of inquiry

199 279

Payment Fee Credit and insurance institutions Registered lawyers

member of the Bar

Free Notaries and Civil servants A person making inquiry about

himself or herself in the state portal (wwweestiee) A person

making inquiry while performing a public function provided for

in the law such as Government agency Court Local government

agency Notary Bailiff etc

Pre-paid and post-paid (money transfer creditdebit card direct

debit etc)

Pilot project Yes Estonia would like to become a lsquoPilot projectrsquo for

implementing testing and evaluating Land Register

interconnection in the framework of the European e-Justice

Portal

489 EL

Registers on-

line

Regional Land Registry Offices

National Cadastre

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation then the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those Transitional

Cadastral Offices there are capabilities for on-line access to the

relevant land data Gradually (up to 2020) all traditional

lsquoRegional Land Registry Officesrsquo as well as lsquoTransitional

Cadastral Officesrsquo would be converted to the lsquoPermanent

Cadastral Officesrsquo and thus it would be possible to have on-line

access in all of them

Access for the

following

users

Registration

Authentication

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Notaries N Planned (expected to access the system through web services) 2016

2 Registered lawyers member of the Bar

N Planned (expected to access the system through web services) 2016

3 Surveyors N Planned (expected to access the system through web services) 2016

4 Registered Users N For certain areas of the operating Cadastre in which the cadastral surveying process has started after 2006 The Ministerial Decision for enabling registered users to have direct access to the first registrations of their properties was signed in March 2014 Activation of this capability will take place in the forthcoming months

200 279

process other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

User can

Search by

Regional Land Registry Offices

There are no land data available on-line in traditional lsquoRegional

Land Registry Officesrsquo However for areas in which the

cadastral system (National Cadastre) is in operation the

traditional lsquoRegional Land Registry Officesrsquo have been converted

to lsquoTransitional Cadastral Officesrsquo For those offices there are

functionalities in the computer systems that enable searches listed

in the table below (the one that corresponds to the lsquoNational

Cadastrersquo) Gradually (up to 2020) all traditional lsquoRegional Land

Registry Officesrsquo as well as the lsquoTransitional Cadastral Officesrsquo

would be converted to the lsquoPermanent Cadastral Officesrsquo and

thus it would be possible to perform the types of searches listed

below in all of them

Access by

other MS

Yes

National

legislation

For professionals (notaries registered lawyers surveyors) it has

not been decided yet It is envisaged that there would be some

sort of authentication through use of user authentication sticks or

other similar means

For individuals (lsquoregistered usersrsquo) access is provided through use

of lsquouser namesrsquo and lsquopasswordsrsquo

Language Greek

Legal status of

the provided

information

Provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Certificate of registration of a land transaction - certifies that a

specified land transaction is registered

Regional Land

Registry Offices

National Cadastre

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Y

201 279

Certificate of cadastral registrations of subsets of property rights

about a user-specified property - lists the cadastral registrations of

certain user-specified types of rights that have been registered

about a real property

Certificate of cadastral registrations of a physicallegal person -

lists the cadastral registrations that pertain to a specified person

Certificate of absence of cadastral registrations about a

physicallegal person - it certifies that a given physicallegal

person does not have any property or other registered right

Copy of a propertyrsquos cadastral sheet - it contains the history of all

legal information about a property (ownership encumbrances

etc)

Copy of a deed or a document from the cadastral survey archives

Copy of a propertyrsquos cadastral map extract - it depicts the location

of the property into the National Grid and the neighbouring

properties

Copy of a propertyrsquos cadastral map extract containing the

coordinates of the propertyrsquos boundaries - it depicts the location

of the property and contains the coordinates of the propertyrsquos

boundaries into the National Geodetic Reference System

Payment Pre-paid for all types of users via money transfers or direct debit

Pilot project With the currently available financial and human resources in the

cadastral agency no However if the pilot study was financed

from other sources then the possibility for the Hellenic National

Cadastre and Mapping Agency to become a lsquopilotrsquo point could be

considered

4810 ES

Registers on-

line

Land Registry (provides on-line access to data from around 1000

Land Registers) Spanish Directorate for Cadastre (responsible for

95 of the Spanish territory) Other 4 cadastral organisations

responsible for 5 of the Spanish territory Servicio de Riqueza

Territorial de Navarra Catastro de Aacutelava Catastro de Guipuacutezcoa

Catastro de Vizcaya

Access for the

following

Land Registry System Civil servants Notaries When a

legitimate interest is claimed Registered lawyers member of the

202 279

users Bar Credit and insurance institutions Justice (judges or

experienced justice professionals) Access is already organised

via EULIS for everyone Access is available also to the registered

owner mortgagee and mortgagor

Spanish Directorate for Cadastre Civil servants Notaries

Registered lawyers member of the Bar Credit and insurance

institutions Justice (judges or experienced justice professionals)

Additionally financial institutions lawyers legal representatives

account auditors administrative managers real estate agents and

other professionals developing similar businesses as well as the

Public Entities and detectives provided that they declare the

reason for such consultation and this is in agreement with the

purposes of the Registry

Examples of legitimate interests

Foreign judge needing the information for a certain civil or

criminal procedure foreign solicitor lawyer or notary needing the

information to perform a certain conveyance over the property

In the application forms available to get the information there are

some common interests that can be alleged

bullLegaleconomic investigation on credit solvency or

responsibility

bullLegal investigation on object ownership or limitations

bullInvestigation for contracting or mediation of shares

bullThe applicant is a registered owner of some landed property

Registration

Authentication

process

Information is requested in the asynchronous way User and a

password can be created facilitating the process of information

request When verification is done through credit card all users

have the same rights and access No one have direct access to the

data base itself

User can

Search by

Parcel address Parcel ID Property coordinates Map (graphic

bases) Deed Owner Purchase price Mortgages Known

encumbrances

Access by

other MS

Yes

203 279

National

legislation

Data protection regulation

Language Spanish and all the other official languages of the country

- catalan in Catalonia Balearic Islands and Valencia

- Gallego in Galicia and Vasque in the Vasque Country

English (and soon in other foreign languages)

Legal status of

the provided

information

Legal certificate every legal data provided ownership burdens

encumbrances attachments hellip

Payment Fee Post-paid (Users with password and account registered pay

once a month and are charged directly to their bank accounts) and

Prepaid (Credit card provided by the user every time a request is

done The credit card details can be filed in with the users account

so that there is no need to enter them every time)

Soon payments through mobile phones will be admitted

Pilot project Yes

4811 FI

Registers on-

line

Land Register called lainhuuto- ja kiinnitysrekisteri in Finnish

Cadastre

National Land Information System

Purchase price register

Access for the

following

users

Owner encumbrances and price data is accessible on-line only to

users in below categories 1-5 For what concerns the

identification informationdata of an individual relevant land data

entity of Land Register the information is accessible to everyone

Registration

Authentication

process

The national law requires acceptance of a personal user request in

a written application form for each category of user

204 279

User can

Search by

Parcel ID Property coordinates Map Known encumbrances

Access by

other MS

Yes

National

legislation

Automated confirmationverification of the userrsquos category done

by the Member Staterdquo is not possible in authorisation as Finish

law on National Land Information System requires acceptance of

a personal user request to access Land Register on-line in a

written application form for each category of user In principle the

access conditions are similar to everyone independent of their

country of origin but changing the answer to allow access by the

user category here would require appropriate legal modifications

Language Finnish Swedish English (to be implemented)

Legal status of

the provided

information

No formal guarantee that the register is up to date and

corresponds to the legal reality regarding the establishment of a

property title

Payment Fee Post-paid by invoice

Pilot project Probably not because of current critical development stages - to

be discussed

4812 FR

Registers on-

line

Three departments (Moselle and the two departments of Bas Rhin

amp Haut Rhin forming the Alsace region) have their own land

register regime (managed for the Ministry of Justice) where all

land data is centralised into a unique file AMALFI

French notaries and geometers have access to the SPDC (Serveur

Professionnel de Donneacutees Cadastrales) server providing access to

a subset of land data

Access for the

following

users

AMALFI Justice professionals (notaries bailiffs geometers

municipalities) have on-line access (others send asynchronous

requests)

205 279

SPDC only French offices of notariesgeometers have access

when registered

Registration

Authentication

process

AMALFI Authentication (justice professionals notaries etc) is

done via a smart card for the on-line access and requests of copies

lsquopersonsrsquo No authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on request (form

signed by the user and by his professional body)

SPDC IDpassword to be distributed by the registered office

User can

Search by

AMALFI Name Address Property ID number Number of the

lsquoannexersquo

SPDC Knowing the location (commune) by cadastral Ndeg owner

name document Ndeg

Access by

other MS

Not implemented

French services do not take position on this point (accepting to

process asynchronous requests is a political decision)

National

legislation

France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of

the provided

information

FIDJI (responses provided by DGFI (Ministry of Finance) using

the FIDJI application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against third parties

(lsquoopposabiliteacutersquo) The relevant service (of land publicitypubliciteacute

fonciegravere) certifies that the answer reproduces the exact lsquostatus of

the filersquo at the time of the request The French State would be

responsible in case of error (if the status of the file is not properly

reported)

SPDC (on-line) no legal value (informative value only)

AMALFI On-line answers have no legal value (delivered for

information only)

Copies provided on paper are signed by the lsquoGreffierrsquo and are

Certificates

Payment Various systems exist including SEPA transfers and the on-line

payment via the usual credit cards (VisaMasterCard etc)

206 279

Pilot project France is not candidate (reason too much work in progress ICT

reorganisation lack of national system on-line)

4813 HR

Registers on-

line

LR Cadastre

Access Everyone (assuming that users have same level of data access)

RegistrationA

uthentication

process

No User IDpassword only typing in protection code that

enables to access the database

User can

Search by

Address the cadastral parcel number or the land registration file

number

Access by

other MS

Yes

National

legislation

This issue has not yet been regulated by the legislation of the

Republic of Croatia

Language Croatian

Legal status of

the provided

information

Legal certificate Real Property Title Encumbrances

No formal guarantee Real Property

Payment No fee

Pilot project Yes

4814 HU

Registers on-

line

Unified Land Registry System

(cadastre and the legal registry ndash lsquoGrundbuchrsquo)

207 279

Access for the

following

users

Registration

Authentication

process

The Act CXLI1997 on Land Registration provides accession to

the so-called TakarNet System for certain users and user groups

and regulates the access conditions Further conditions of making

use of electronic land office services and details of data servicing

are regulated by the decree 1762009 (XII28) FVM (Ministry of

Agriculture and Rural Development)

Users 1-8

The Application for Access Permit can be submitted only in

Hungarian on the standardised form issued for this purpose as

the enclosure to the ministerial decree clause (No 1091999

(XII29) FVM) of the Act on Land Registration

When submitting the application general procedural duties

are to be paid This duty is payable in duty stamps sticking

them on one copy of the application Those applicants

exempted of the payment should submit a declaration stating

that after their entrepreneurial activity or performance in the

year preceding the submission of the application they were not

obliged to pay into the central budget

Lawyers public notaries individual bailiffs of the court

should enclose the certificate of the competent Chamber (issued

not earlier than 30 days) saying that the applicantrsquos membership is

existing heshe did not suspend the activity and there is no

disciplinary action opened against himher

Institutions financed from the national budget (e g local

governments) ndash if they wish to be exempted of paying data

supplying fee ndash should submit a declaration stating that after their

entrepreneurial activity or performance in the year preceding the

submission of the application they were not obliged to pay into

the central budget

Other companies should enclose the current original authentic

(or by public notary authenticated) certificate of registration

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y Search according to parcel ID or parcel address for the need of their authority

2 Notaries Y Acting for their clients according to the law search according to parcel ID or parcel address in succession procedure search by ownerrsquo name is allowed (case must be identified)

3 Registered lawyers member of the Bar

Y Search according to parcel ID or parcel address acting for their clients according to the law

4 Credit and insurance institutions Y Search according to parcel ID or parcel address for the need of their tasks we have banks from Europe among our clients

5 Justice (judges or experienced justice professionals)

Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

7 Property agencies different companies

Y Search according to parcel ID or parcel address for the need of their tasks

8 Police detective authorities bailiffs Y Search according to parcel ID or parcel address for the need of their authority and also search by ownerrsquos andor right holderrsquos name is allowed (case must be identified)

9 Citizens Y Search according to parcel ID or parcel address

208 279

(issued not earlier than 30 days) and the original authentic

specimen of signature

Private individual entrepreneurs should enclose to the

application form for natural persons filled in two copies an

official original certificate issued by the competent document

office not earlier than 30 days saying that the applicant has been

and is also currently registered as private entrepreneur The

certificate should mark the field of activity of the applicant

verifying the necessity of the on-line query of land office data

Based on the Access Permit a Service Contract specifying the use

of the system is signed The service contract and its enclosures

specify the services accessible for the User the number of the

access payment obligations etc The institutions and companies

should declare in the contract how many digital certificates

they need and for how long period of time of validity When

determining the number of the digital certificates it is necessary

to consider that with one certificate you can have at one time

only one access and that you can select and pay two different

periods of time for your certificates (3 or 6 years) After the

signing the contract and paying for the required certificates the

Client will be registered as User and the certificates are issued

The certificate (access authentication) is a digital signature (from

technical point of view) which can be used within this system

only

User 9

The client already registered at the central governmental Client

Gate can automatically use the services of Land Office On-line

after entering the Land Office Portal free of charge and without

new registration The client who is not registered yet has to

register first It can be done personally and free in any Citizens

Office or Government Window to receive a user-ID with

password

User can

Search by

Access by

other MS

Access is available for Member States organisations or citizens

under the same conditions The national legislation does not

restrict users from Member States they have to meet the same

conditions

National

legislation

According to the Act CXLI1997 on Land Registration the

Registry is public which means that the property sheet data and

the maps may be reviewed without restriction by any person

YN

Search by name (YN) only for certain users in certain cases specified in law like police in investigation cases notaries in succession cases etc

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) N map can be searched by property ID and address

Other (please specify) N

209 279

notes may be made and copies may be requested

The following copies can be requested

- non-authentic copy of property sheet (review or full)

- e-authentic copy of property sheet (review or full)

- copy of cadastral map

Review copy contains the existing data full copy contains also

the deleted (historical) data as well

Multitudinous requests are not allowed

Language Hungarian

Legal status of

the provided

information

All the provided information is a legal certificate It has the state

guarantee at the time of delivery and ndash according to the condition

of the attached disclaimer ndash it is valid for establishing a title of

property

Payment Prices and fees of data servicing and the other relevant

instructions are determined by the Act LXXXV1996 The data

service through the network is subject to payment of fees The

user only pays for the services requested

The data servicing procedure ndash from the moment when the user

sends the query till heshe receives the requested data ndash has

several check points Consequently if the user interrupts the

procedure of query e g the user starts a search based on the

address of a land and receives the parcel identity number of the

property but the user does not want to have the property sheet

the system will not charge anything for the services connected to

the search and not for the property sheet

Registered users receive an invoice monthly about the payable

balance and pay by bank transfer (post-paid)

Citizens pay by credit card in advance (pre-paid) The fees are the

same as the currently used administrative servicing fees

determined in the relevant rules of law and other regulations

No subscription possibilities

Pilot project No

4815 IE

Registers on-

line

National Land Register Registration of Deeds

Access for the All users have equal access on payment of a prescribed fee under

210 279

following

users

Statutory Instrument SI 3802012 Any person may search any

folio of the Register and obtain a certified copy thereof on

payment of the appropriate fee

The original deeds underpinning registration ie deeds and

documents of are filed and stored These deedsdocuments of title

including application forms are called instruments Access to

instruments is not open to all nor is access to such information

available electronically Any information on deeds and documents

filed in the Property Registration Authority can only be accessed

in accordance with the provisions of Rule 159 of Land

Registration Rules 2012 The Property Registration Authority

manages any personal data acquired in accordance with the Data

Protection Acts 1988 amp 2003

Registration

Authentication

process

Users of Land Registry information can access information on

line through landirectie On-line access is available to any person

on payment of prescribed fees Professional users such as

solicitors become authorised users and are account holders

Authorised users can

bullConduct on-line searches of the register (folios and title plan

maps)

bullUndertake names index searches

bullSearch and locate property using our digital map

bullUse an index of addresses to view a map and locate a folio

bullDiscover the existence of any relevant transactions which may

already be pending in the Land Registry against a particular

property

bullTrack progress of cases on-line

bullOrder certified copies of particular documents

bullLodge applications for registration ndash eForm 17

bullAvail of these services from 7am to 8pm Monday to Friday and

7am to noon on Saturdays

For professional users landdirectie operates on a subscription

basis Usernames and passwords are assigned There is no charge

for accessing the landdirectie but fees are payable for the actual

usage of the services provided

Since 2011 access has been extended to non-account holders as

211 279

until then landdirectie was available only to persons and

organisations that had opened and maintained an account with the

PRA Customers who wish to search maps and view the land

register (folios) on-line can do so without having to open and

maintain an account Payment is facilitated by a secure

creditdebit card transaction system

User can

Search by

National Land Register Land data Parcel address Parcel ID

Property coordinates Owner Map Known encumbrances

Registration of Deeds 100 of all Deeds since 1970

Access by

other MS

The same conditions apply to any party accessing

landdirectielanddirectie an account for a professional user would

be established or for non-professional user payment would be by

way of secure creditdebit transaction

National

legislation

The conclusiveness of the register is subject to certain limitations

under Section 72 of the Registration of Title Act 1964 A

certified copy of folio carries the state guarantee at time of

delivery

Language English Irish

Legal status of

the provided

information

Legal Certificate

Payment Subscription for account holders or payment by secure

debitcredit transaction

Pilot project To follow

212 279

4816 IT

Registers on-

line

Land registers (Agenzia delle Entrate) Cadastre (Agenzia delle

Entrate)

Libro Fondiario (Provincia Autonoma di Trento Servizio Libro

Fondiario) - From 1910 to 2006 all data are reproduced on

microfilm From 2006 to 2011 100 of deeds and titles are on-

line 100 deeds and titles of the year 2012 will be on-line by

2014 100 deeds and titles of the year 2013 will be on-line by

2015

Access for the

following

users

Land Registers access to land registers is allowed to anyone

submitting a request with no need to demonstrate a legitimate

interest

Cadastre Cadastral information is allowed to anyone submitting

a request with no need to demonstrate a legitimate interest The

only limitation due to privacy reasons concerns the cadastral

plan

Registration

Authentication

process

LR lsquoOn-line land registers consultationrsquo To use that service it is

necessary to make a registration to the on-line financial services

of Poste Italiane (the Italian Postal Service) for the payment of

due taxes

Cadastre on-line services of Agenzia delle Entrate Free of

charge gives access to all the cadastral data including those

concerning the ownership

Cadastral and land registers databases

213 279

For registering it is necessary to specify the fiscal code and the

total amount resulting from the last individual income tax return

Following the registration the applicant receives a Pin code The

kind of access allowing the widest consultation mode through the

use of a special technical platform named Sister requires the

drawing up of a contractual agreement with the Agency That

agreement is necessary for any subject physical person or legal

entity private user or public institution Following the positive

result of the request of agreement the user will receive an

invitation to activate it taking possession of the personal

password as lsquoResponsible for the connectionrsquo This password will

also be used for on-line payment

User can

Search by

LR Parcel ID Owner (person or enterprise) Known

encumbrances Crossed search (parcel ID + owner) Search of

notes or titles

Cadastre Parcel address Parcel ID Owner (person or enterprise)

Access by

other MS

Yes

National

legislation

NA

Language Italian

Legal status of

the provided

information

No formal guarantee that the register is up to date

Payment LR Poste Italiane applies different commissions depending on

the chosen on-line payment method by charging on onersquos

account at Poste Italiane (Conto BancoPosta) through credit card

(Visa and Mastercard) through Postepay card bank transfer

Pilot project The answer to this question needs an involvement of upper

decision levels

4817 LT

Registers on-

line

Real Property Register Mortgage Register

214 279

Access for the

following

users

Registration

Authentication

process

To make search in the Real Property Register an Agreement for

the Provision of Information from the Real Property Cadastre and

Register must be signed with the State Enterprise Centre of

Registers Every professional user (civil servants notaries

registered lawyers members of the Bar credit and insurance

institutions justice (judges or experienced justice professionals))

is given an identification number which is being registered and a

password while a computer is given a code Only professional

users who are granted identification number can access the

Register

The intended purpose of use is indicated in the agreement for the

provision of information or in the application Third party

statements are included in the Agreement The SECR can grant

the right to the third party to distribute real property data under

the agreement

Access to the information of land register of the members of

EULIS through EULIS service is provided for Lithuanian users

on the basis of agreement on provision of information through the

EULIS A user is given an identification number which is being

registered and a password while a computer is given a code

Owners of real property can access the information about all their

owned or possessed property through the Self-Service offered by

the State Enterprise centre of Registers

httpwwwregistrucentrasltsavitarna If the owner of real

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

2 Notaries Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws ndash registered users (on the basis of agreement)

3 Registered lawyers member of the Bar

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

4 Credit and insurance institutions Y for execution of the functions delegated by the state or for the provision of legal services prescribed in laws - registered users (on the basis of agreement)

5 Justice (judges or experienced justice professionals)

Y for execution of the functions delegated by the state ndash registered users (on the basis of agreement)

6 Access is already organised via EULIS or ELRN

Y For the members of EULIS on the basis of agreements on provision of information through the EULIS

7 Owners of real property Y Access to information about all their owned or possessed property

8 All users Y Access to the following information only Register No real property object name unique number address

215 279

property is a citizen of the Republic of Lithuania or a foreigner

who has been issued documents confirming personal identity in

the manner established by legal acts of the Republic of Lithuania

and if a person is a user of Internet banking system or a digital

certification centre heshe can access the Real Property Register

(Land Register) without any agreement A list of Internet banking

systems or digital certification centres as well as some other

authentication ways is provided before connection to the Real

Property Register

All users are allowed to make a public search in the Real Property

Register by address of property without any agreement or

authentication However such public search allows access only to

the following information Register No real property object

name unique number address A user is allowed to make up to

300 searches per day

User can

Search by

Access by

other MS

According to the Regulations of the Real Property Register

approved by the Government of the Republic of Lithuania

lsquoRegister data shall be supplied to legal persons entities having

no status of a legal person their branch offices and

representations of the Member States of the European Union

countries of the European Economic Area and the third countries

as well as natural persons in the same manner as the data are

supplied to legal persons and natural persons of the Republic of

Lithuania unless this is in breach of the laws of the Republic of

Lithuania international treaties and other legal actsrsquo Therefore

the same categories of users as given in the table from other

Member States can receive access to the Real Property Register

on the basis of signed data provision agreements Every

professional user is given an identification number which is

being registered and a password while a computer is given a

code

In principle it could be assumed that confirmationverification

could be done by Member States from which the user originates if

there is an agreement with relevant institution and this issue

namely user categories is described in the agreement

Real Property Register

Mortgage Register

Search by name (YN) Y

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other Search by the name and code of a legal entity

Y

216 279

National

legislation

Communication of the data from the Real Property Register is

regulated in the following legal acts

1 Law on Legal Protection of Personal Data of the Republic of

Lithuania

2 Law on Real Property Register of the Republic of Lithuania

3 Regulations of the Real Property Register of the Republic of

Lithuania

Language Lithuanian for the users of EULIS service information is

provided in English

Legal status of

the provided

information

For all data in the Real Property Register Provided information is

a legal certificate It has the state guarantee at the time of delivery

and ndash according to the condition of the attached disclaimer ndash it is

valid for establishing a title of property

According to the Law on Real Property Register all data in the

Real Property Register shall be recognised as correct and

complete from the date of their entry into the Register unless

disputed in the manner prescribed by laws

Payment The Real Property Register data is provided for payment but with

exceptions established in the Law on State Registers of the

Republic of Lithuania and other laws The procedure for

calculating payment for the use of Register data is established by

the Government of the Republic of Lithuania

When information from the Central Databank of the Real

Property register is supplied to a computer of the data recipient

the agreement made between the data provider and recipient shall

specify the rights and responsibility of a data recipient the

purpose of data use other conditions and procedure

Natural persons or legal entities shall pay the following fee for the

use of Register data (1 EUR ndash 34528 LTL)

- For one search in the database ndash 1 Litas

- For displaying one entry of the Register on the screen when

information is transferred from the Central Databank to the

computer of data recipient under the terms and conditions

provided for the agreement between the data provider and

recipient ndash 2 Litas

- For the preparation of one excerpt from the Register ndash 5 Litas

217 279

- For displaying an extract of cadastral map with the real property

objects on the screen (when performing the following actions of

search in the database performing all searches of the real

property object on the cadastre map moving the map zooming in

and out displaying orthophoto map) under the terms and

conditions provided for in the agreement between the data

provider and recipient ndash 02 Litas

- For displaying the cadastre map of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 2 Litas

- For displaying the cadastral data of a land parcel when

information is transferred from the Central Databank to the

computer of the data recipient under the terms and conditions

provided for in the agreement between the data provider and

recipient ndash 3 Litas

- For checking of the Cadastre and Register data on real property

object and formation of a note on data revision ndash 125 Litas

- For a copy of a plan of land parcel or structure A4 form ndash 3

Litas A3 form ndash 5 Litas

- For a print-out of a structure plan from the database A4 form ndash

5 Litas A3 form ndash 8 Litas A2 form ndash 10 Litas A1 form ndash 15

Litas A0 form ndash 20 Litas

- For a print-out of an extract from cadastral map from the

databank A4 form ndash 10 Litas A3 form ndash 12 Litas A2 form ndash 15

Litas A1 form ndash 20 Litas A0 form ndash 30 Litas

- For the preparation issue and certification of the copies of other

documents in the case files of cadastral surveying and the

Register ndash 5 Litas

If an agreement is made between the data provider and the data

recipient usually a post-paid model of payment is used ie an

invoice is issued on the basis of actions performed in the Real

Property Register by the data recipient Also an average monthly

and subscription fee for the provision of data can be applied for a

certain established amount of actions in the Real Property

Register In case of single requests the pre-paid payment model is

used

The most usual method of payment is money transfer made upon

218 279

the issued invoice In case of single requests a creditdebit card

can be used Under a separate agreement with the client we can

establish a direct debit

Pilot project Yes

4818 LU

Registers on-

line

Off-line 3 Bureaux des Hypothegraveques

Access for the

following

users

Luxembourg is ready to share land registry information within the

EU as soon as case land data will be available on-line As already

stated in Questionnaire Nr 1 this is currently not the case For

the moment all Land registry information is requested and

delivered in paper form at one of the three lsquoBureaux des

Hypothegravequesrsquo

Registration

Authentication

process

Off-line register

User can

Search by

Access by

other MS

Restrictions or different levels of access do not exist

National

legislation

NA

Language French

Legal status of

the provided

All provided land data information is a legal certificate as a

consequence in all cases provided information is a legal

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y

4 Owner Y

5 Purchase price Y

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) N

Search by map (YN) N

Search by national identity number Y

219 279

information certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property

Payment A fee of 050 euro or of 074 euro is due for each copied page of

information delivered by the register

The fee is due at the moment of the delivery of information no

pre-payment and no post-payment

In principle payment in cash

Pilot project No

4819 LV

Registers on-

line

National Real Estate Cadastre Information System (Cadastre

Information System) State Address Register State Unified

Computerised Land Registry

Access for the

following

users

Cadastre Information System and State Address Register

Notaries Credit and insurance institutions Municipalities Utility

companies (water electricity etc) Real estate companies Law

enforcement (police etc) authorities Not in all cases to

Registered lawyers member of the Bar Justice (judges or

experienced justice professionals) Civil servants

State Unified Computerised Land Registry Everyone can access

but search available to police bailiffs government officials and

such

Registration

Authentication

process

Sign a contract and receive user ID and password

User can

Search by

State Unified Computerised Land Registry Everyone - by

property address property ID parcel ID cadastral number folio

number property name ndash fully excluding using person

identification data

Access by

other MS

Yes can search by address property identification number map

National

legislation

NA

220 279

Language Latvian Section names are available in English content is

available in Latvian only

Legal status of

the provided

information

Legal certificate for National Real Estate Cadastre Information

System (Cadastre Information System) State Address Register

State Unified Computerised Land Registry

Payment Post-paid + subscription (monthly) occasional (pre-paid) by

creditdebit card SMS payment internet banking

Pilot project No

4820 MT

Registers on-

line

No

Access Physical Form via e-mail answers are not official

Registration

Authentication

process

Special Form

User can

Search by

Parcel address Parcel ID Owner (person or enterprise) Map

Known encumbrances

Access by

other MS

Yes search only by Property identification number and Map

National

legislation

In Malta data entered in the Land Register is derived from public

deeds and is thus public However due consideration is

nonetheless given to the protection of data

Language Maltese English (as a general rule lsquoCertificates of Titlersquo are

issued in Maltese)

Legal status of

the provided

information

Legal certificateNo formal guarantee

Payment Fee by cash or by cheque only

Pilot project No

221 279

4821 NL

Registers on-

line

Land Registers and registers for ships and planes

Base Registration of Cadastre

National base registry of topographic maps

National base registry of large scale maps

National register of public limitation on parcels

Access for the

following

users

Registration

Authentication

process

There is a difference between the submission of information (by

notaries judges) and the request for information In case of

submission the use of electronic certificates is required In case

of research and enquiries a one-side non-recurring payment or

transaction based on an agreed order form will be sufficient to get

access to the required information Since there is no distinction

made between the different categories of users there is no

specific authentication required Agreed order forms will be used

specifically in cases of bulk information or when information has

to be gathered in a specific format

User can

Search by

Access by

other MS

Search by name and by address Search by property identification

number map

National

legislation

Information can only be obtained if and when paid for by all

categories of users

222 279

Language Dutch

Legal status of

the provided

information

Formal guarantee cannot be given by the cadastre because of the

non-positive aspects of the Dutch system

Payment Money-transfer credit cards and direct debit

Pilot project Yes as within the European framework (with regard to both their

registry and mapping tasks) the Dutch cadastre already takes a

pioneerrsquos role in this respect (leading role within the CROBECO

and the IMOLA projects of ELRA)

4822 PL

Registers on-

line

New Land Book

Off-line Cadaster

Access for the

following

users

Access is available on-line for everybody

Registration

Authentication

process

Access is available on-line for everybody

User can

Search by

Landbook ID

Access by

other MS

Currently available for everybody

National

legislation

NA

Language Polish

Legal status of

the provided

information

NA

Payment No fees

Pilot project NA

223 279

4823 PT

Registers on-

line

National Land Registry Tax Id of the property Cadastre

Access for the

following

users

Civil servants Notaries Registered lawyers member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) CROBECO (project and grants foreign

lawyers or notaries access to the Permanent Certificate (On-line)

or a Simplified land registry information (On-line))

Registration

Authentication

process

LR no need of an authentication process

Civil servants can access data base on agreement with the

Institute of Registries and Notaries

All others through

bullThe request of a Permanent Certificate (On-line) - To access the

permanent certificate user should enter wwwpredialonlinept fill

in the request and the system will provide an access code This

code allows the visualisation of information through the Internet

during the time period of the permanent certificate (1 year)

Although it is a pdf format it is not a frozen image of the registry

it is continuously updated as the pdf file is generated each time

the user accesses the information using the code

or

bullSimplified land registry information (On-line) via paying a fee -

It is automatically obtained from the land registry information

system It shows the essential elements of the description of the

immovable property of the person entitled to the propertyrsquos rights

and charges and indicates the existence of mortgages

attachments and any other encumbrances and charges as well as

the pending registry requests

User can

Search by

National Land Registry and Tax Id of the property Parcel ID

Cadastre Parcel address Parcel ID Property coordinates Map

Access by

other MS

Yes

National

legislation

Privacy granted by our Constitution - personal data protection

Only courts and judicial authorities can overcome this rule and

research the database by owners name to protect other

224 279

fundamental rights

Language Portuguese

Legal status of

the provided

information

Legal certificate Parcel ID (Land Registry) Owner (person or

enterprise) (Land Registry) Known encumbrances (Land

Registry)

Payment Fee - pre-paid on-line with VISA (and also trough a bank

reference payable at ATM and eBanking but this only can be

paid by a Portuguese bank account)

Pilot project Yes and fully available

4824 RO

Registers on-

line

Register of applications for land registry excerpts and notarial

deeds

GEOPORTAL - geometries cadastral number of the plot

Access Public notaries

Registration

Authentication

process

User name and password

User can

Search by

Land book number topographical number cadastral number

map

Access is limited to public notaries

Access by

other MS

No

National

legislation

According to art 29 from Law no 71996 the notarial deed on

which basis the real right is to be registered must be entered into

by a public notary performing only in Romania

Language Romanian

Legal status of

the provided

information

Legal certificate name charges encumbrances cadastral data of

systematic registration

No formal guarantee cadastral data of sporadic registration

Payment Fee is applicable where for Governmental Bodies it is free of

charge

225 279

Pilot project NA

4825 SE

Registers on-

line

Real property register (consist of both Cadastre and Land

register)

Access for the

following

users

Registration

Authentication

process

After the process of lsquoan agreement and an approved purpose of

usersquo the users get access to information with a User-ID and

password

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

0 In the registration process the administrators as access to all information

Y Internal Lantmaumlteriet and a few big municipalities

1 Civil servants (state or municipal) Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

2 Registered lawyers member of the Bar

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

3 Credit and insurance institutions Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

4 Justice (judges or experienced justice professionals)

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use

5 Access is already organised via EULIS or ELRN

Y Information

6a 6b

Private persons companies and organisations

Y To get access to the real property register the users need an agreement and for every user Lantmaumlteriet perform a purpose of use The Swedish register is accessible for private persons either by phone to customer service or by access to application with electronic id This is minor dissemination To organisations private and public companies through electronic dissemination either online or download Several different solutions which is the major dissemination for information from the real property register A lot of the dissemination is done through resellers Homepage httplantmaterietseenReal-Property

Nr Land data Search is possible YN

Comments

1 Parcel address Y

2 Parcel ID Y

3 Property coordinates Y Central points

4 Owner (person or enterprise) Y Only registration officers

5 Map Y Cadastral Index Map

6 Known encumbrances N

7 Purchase price N

8 Tax assessment value N

9 Mortgages Y Internal use only

226 279

Access by

other MS

Currently no In EULIS there is an agreement between the

participating countries If the user in a participating country has

access to the land register they also can access other participating

countries There is a trust between EULIS members

Companies from all 28 Member States that comply with the

purpose of use can access information Citizens (6b) in all

Member States can call customer service at Lantmaumlteriet and ask

for information

National

legislation

NA

Language Swedish headlines in English

Legal status of

the provided

information

In Sweden registration in the Land Register of titles leases

easements and other contractual encumbrance creates a legal

presumption Even if an acquisition has been registered a

question to whether the acquisition is invalid or for some other

reason cannot be asserted may be adjudicated When someone

acts in good faith and relying on register information he or she is

protected It will either secure a bona fide acquisition or entitle

the person to compensation for losses from the state

Payment For public use there is a Geodata sharing model for Swedish

public administration with a yearly fee depending on use

For commercial users is a transaction fee

For researchers there is a discount

For property owner with an electronic-ID access to own property

information is for free by a service lsquomy propertyrsquo

Pilot project Yes

4826 SI

Registers on-

line

The electronic Land Register (eZK)

YN

Search by name (YN) Only internal

Search by address (YN) Y

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify)

227 279

Access for the

following

users

On the basis of the Land Register Act (ZZK-1) anybody has free

access to the Land Register through an internet portal of the

judiciary lsquoeZKrsquo (via wwwsodiscesi) Free access to all data is

enabled since 2012

This includes access to land certificates of each and every

currently valid as well as formerly valid real estate property data

that were deleted as a result of new entries in the Register (regular

and historical excerpt of the Land Register) data of each and

every implemented right (mortgages etc) and in cases of real

estate property notification on pending requests (seals) It also

includes data of the procedure status the content of petitions and

orders of the Land Register Court and appellate matters (until the

matter is final)

The system also allows for e-filing by qualified users

Registration

Authentication

process

External qualified users require a qualified digital certificate and a

safe electronic mail address for e-filing purposes They are also

able to perform e-filing in Land Register procedures

Qualified digital certificate can be obtained through providers

certified by the Ministry for Education Science and Sport

External qualified users are divided into two basic groups 1

independent external qualified users and authorised

representatives of an independent external user (also called

external administrators)

1Independent external qualified users are further on divided into

the following groups

a) Professional users These users have a position of a

(professional) representative or as a judicial body in civil legal

proceedings and are managed by an external administrator who

has to confirm their inclusion into the professional user group

They consist of the following users groups Notaries Attorneys

Bailiffs Administrators State Attorneys Office of the Republic

of Slovenia State Prosecutors Offices

b) Users ndash case parties These are users who have a position of

case parties to the proceedings in civil legal proceedings They

are self-managed and do not require approval of an external

administrator for their inclusion in the user group lsquoUser ndash case

228 279

partyrsquo

They include the following users groupsCase parties -

legal entities

Case parties ndash individuals

and State Authorities and Local Communities

2 External administrators These are users in the security scheme

who manage the users from their particular groups of the

professional users by confirming their inclusion in or exclusion

from these groups They typically do not execute e-tasks (and do

not act as participants in civil judicial proceedings) External

administrators are included in the security scheme by the Centre

for Informatics (at the Supreme Court) upon their request

Administrators of each group of professional users are

for the group of notaries Chamber of Notaries of

Slovenia

for the group of lawyers Bar Association of Slovenia

for the group of bailiffs Chamber of Bailiffs of Slovenia

for the group of insolvency administrators Slovenian

Chamber of Insolvency Administrators

for the groups of the State Attorneys Office of the

Republic of Slovenia and municipal attorneys offices

State Attorneys Office of The Republic of Slovenia

for the group of state prosecutors offices Supreme

Prosecutors Office of the Republic of Slovenia and

7 for the group of real estate companies Ministry for

Environment and Spatial Planning

User can

Search by

229 279

Access by

other MS

Yes

National

legislation

NA

Language Slovenian

Legal status of

the provided

information

Legal certificate

Payment No fee

Pilot project Yes

4827 SK

Registers on-

line

Land Registry Information System

The relevant land data is viewable in off-line mode for everybody

on Cadastral portal But nobody (except administrators) has on-

linedirect access to them at the moment

Access for the

following

users

Registration

Authentication

process

NA

User can

Search by

Nr Access to most relevant land data

YN Comments and possible restrictions

1 Civil servants N In 2015

2 Notaries N In 2015

3 Registered lawyers member of the Bar

N In 2015

4 Credit and insurance institutions N In 2015

5 Justice (judges or experienced justice professionals)

N In 2015

6 Access is already organised via EULIS or ELRN

N In 2015

Nr Land data Search is possible YN

Comments

1 Parcel ID Y

2 Property coordinates Y

3 Owner (person or enterprise) Y Trustee tenant

4 Map Y

5 Known encumbrances N

230 279

Access by

other MS

NA

National

legislation

The only restricted details are personal identification number of

the owner and the property price These are available for the

property owner only

Collection of cadastral documents is available only for property

owners their legal predecessors or other eligible persons as well

as for geometers Detailed description of who is authorized to

access various cadastral data is specified in the Cadastral Act

1621995

Language Slovak The information could be provided in a national minority

language this is possible only in specific regions where

population of national minority is at least 20

Legal status of

the provided

information

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Through the Cadastral Portal users are able to search and

download Ownership Documents These however have only

informative character If users want to use the Ownership

Documents for legal purposes they must gomail to the regional

District Office Cadastral Department and have them officially

certified

Ownership Document contains information about owner(s)

property details acreage manner of acquisition of property and

encumbrances It is also possible to view a map of the required

property on the Cadastral Portal

Payment Searching through the Cadastral portal is free of charge

However obtained information (eg Ownership Document) has

only informative character For having that information officially

certified one must pay a fee as it is stated in the Act on

Administrative Fees According to this Act only state

YN

Search by name (YN) Y

Search by address (YN) N

Search by property identification number (YN) Y

Search by map (YN) Y

Other (please specify) Search by undetermined owners by Ownership Document by construction by Apartmentnon-flat space

231 279

administration bodies of Slovak Republic have in some cases free

access to this kind of information Also cadastral authority does

not charge in the case of acts necessary for the inheritance

proceedings and for the protection of national cultural heritage

The whole list of who and under which circumstances is exempt

from the payment is stated in the aforementioned Act

The fee for issuing of a copy of the original of an Ownership

Document is 8euro The fee for issuing of a copy from the cadastral

map is 8euro as well These are the two most common requests Of

course there are other charges for services which are mentioned

in the Act on Administrative Fees 1451995

(httpwwwzakonypreludiskzz1995-145)

It is either payment on the spot (when you personally attend the

local cadastral office) or pre-paid if using money transfer

According to the Act on Administrative Fees available payment

methods are revenue stamp cash creditdebit card and money

transfer However in reality only two methods are in use

Revenue stamp and money transfer

Pilot project No

4828 UK

48281 England and Wales

Registers on-

line

Register of title Register of cautions against first registration

Land Charges Registers

Access for the

following

users

The registers are open registers Anyone can sign up for a Land

Registry business e-services account to gain on-line access

provided they agree to pay by direct debit They will be given

access to the Land Registry portal to apply for copies of the

registers and plans and for copies of documents referred to in the

register or documents held by the registrar in connection with an

application

Registration

Authentication

process

lsquoFind a propertyrsquo service for citizens ndash Private citizens must

register for a Property Search User account On-line they must

provide their name address (including country) email address a

user name and a password Citizens must have a credit or debit

card in order to pay the fees for services used Those payments

232 279

are processed for the Land Registry by RBS Worldpay

The citizenrsquos Property Search User Account will automatically be

cancelled without prior notice on or after six months after the

account was last used A citizen must then re-register to use the

service again

Land Registry business e-services portal account ndash all business

customers who wish to use on-line services must first register for

portal services A single application covers an entire legal entity

including all departments branches and sub offices All

organisations using Land Registry Business e-services must have

at least one variable direct debit account set up with their bank for

the payment of Land Registry fees They must complete an

application form giving details of their organisation and

nominating an lsquoadministratorrsquo and a lsquoresponsible personrsquo They

can also nominate deputy administrators and responsible persons

The application form must be printed out completed and sent to

Land Registry in paper format The organisation confirms that the

use of the portal service is governed by the lsquoPortal conditions of

usersquo which are published on the website

Once the Land Registry has used the information in the

application form to create an account we will send the

administrator(s) a security token The Entrust IdentityGuard Mini

Token is a high-quality one time password (OTP) device

designed to help provide strong versatile authentication The

security token provides an additional level of security over and

above the administrators user ID and password A different

unique PIN number is generated by the token each time the

administrator presses the button (hence lsquoone timersquo) For a limited

period of time that PIN number is synchronised with the PIN

number for that token in Land Registrys credential database in its

hardware security module When administrators attempt to log on

to the Land Registry network via the portal they are prompted to

enter the PIN number generated by the token If the entered PIN

number is correct they are granted access to the system The token

is durable against normal wear and tear with an expected battery

life between six and eight years No additional software needs to

be installed to support the use of OTP tokens

The token will allow the administrator to access the new portal

account and set up the individual users from the organisation who

will use the service Each individual user will have a user ID

allocated and a temporary password that they must change The

individual users do not need a token to use the services only their

233 279

user ID and password The administrator needs the token only to

undertake administrator tasks as setting up new user accounts and

closing old ones (If the administrator also wants to use Land

Registry services she must set themselves up as a user with a

different user ID and password The two roles are separate and the

role based access will limit the services that can be used in each

ID)

The administrator responsible person and deputy roles are set up

and managed by Land Registry In the case of other users it will

be the responsibility of the organisation to allocate one of a

number of predefined roles to each user and to instruct their

administrator accordingly so that the administrator can create an

appropriate account for that user The allocated role will dictate

the services that the user has permission to access when they log

on and can only be changed by an administrator (For instance

some users may only be given access to information services ndash

copies of registers documents and searches ndash while other

qualified and experienced staff might be given access to use

applications that can change the register) This is for the

organisation to decide

Land Registry has created the role of responsible person and

deputy responsible to assist conveyancers and other organisations

with the proper supervision of their practices as required by their

regulators by statute or by good practice The responsible

person and deputy responsible person will have access to an on-

line Land Registry report which will list actions taken by the

administrator in the previous 30 days This activity can be

checked regularly for supervision purposes and to make sure the

administrator is not giving access to persons that should not have

it

There is no sign-up charge for portal services only standard fees

for the use of individual services

Land Registry Business Gateway ndash Customers who are using a

case management system may be able to gain access through an

XML interface (Business Gateway) that links their case

management system to the services If the customerrsquos case

management system provider does offer this service and the

customer wishes to use it the responsible person must apply

through Land Registry Customer Support for the necessary

technical connections to be made Land Registry Business

Gateway uses a certificate-based mutual SSL connection

234 279

Otherwise the same conditions apply as for portal use

There is no sign-up fee for Business Gateway only standard fees

for the use of individual services

User can

Search by

Searches of the register of title can only be made by title number

or property address not by the name of the proprietor

If the customer does not know the title number or address they

can use our MapSearch facility a free on-line map to establish

whether land and property in England or Wales is registered and

obtain title numbers and details of freehold or leasehold tenure

Or for a guaranteed result they can request a Search of the Index

Map The Index Map kept by the registrar as a means of

establishing whether land is affected by a registered estate if so

its title number or whether land is affected by a caution against

first registration

Only a limited number of people can search by proprietorrsquos name

mostly in connection with court proceedings insolvency and tax

liability These limitations to searching by name of the proprietor

do not apply if the proprietor is a company

Access by

other MS

Yes

National

legislation

There is no reason why users from other Member States should

not have access to our Information Services to obtain copies of

the registers and documents However the Legal Services Act

2007 limits those who can undertake reserved legal activities to

persons qualified and regulated by professional bodies in England

and Wales Conveyancing activities related to the Land

Registration Act 2002 are reserved legal activities So it is

possible that if a notary from another Member States made an

Register of title

Register of cautions

against first registration

Land Charges

Registers

Search by name (YN) N N Y

Search by address (YN) Y (to find title number)

Y (to find title number)

N

Search by property identification number (YN)

Y Y N

Search by map (YN) Y (to find title numbers associated with parcel of land)

Y (to find title numbers associated with parcel of land

N

Other (please specify)

235 279

application for registration to the Land Registry of England and

Wales that might be a breach of the Legal Services Act 2007 But

applying for copies of the registers and documents would not

breach that Act

Language English Welsh for land in Wales

Legal status of

the provided

information

Register of title ndash official copies - provided information is a legal

certificate It has the state guarantee at the time of delivery and ndash

according to the condition of the attached disclaimer ndash it is valid

for establishing a title of property But an applicant for

registration of a conveyancing transaction must protect the

priority of their future application by means of an official search

of the title from and including the date of the official copies of

the register The official search with priority will give priority to

the protected application for a period of 30 business days

Provided information reproduces the content of the register at the

time of delivery however there is no formal guarantee that the

register is up to date and corresponds to the legal reality regarding

the establishment of a property title therefore the provided

information is not valid as property title and cannot be used for

this purpose

Register of cautions against first registration - The caution

relates to unregistered land so the registrar cannot be certain as to

the validity of the interest until first registration of the land

affected Then the registrar will serve notice on the cautioner of

the first registration and the cautionerrsquos right to object to it The

register does not establish title to property Instead it warns of

claims relating to the unregistered land

Land Charges registers - The registers relate to unregistered

land They provide evidence of certain encumbrances relating to

that land They do not establish title to land

Agricultural Charges register - The register provides evidence

of Agricultural charges only given by individual farmers It does

not establish title to land

Payment Currently payment arrangements might prevent foreign users

from having a business e-services account The user must be able

to make an arrangement to pay be variable direct debit so must

have a bank account in England and Wales Alternatively to use

the Find a Property service they must pay be debit or credit card

for each service But if the EU Justice system provided

236 279

arrangements for payment this should not be a problem

Fees are paid in accordance with the current Land Registration

Fee Order 2013

Pre-paid by creditdebit card ndash Find a Property public service

Post-paid by variable direct debit ndash Business e-services

Pilot project Yes subject to the approval of the Directors

48282 Scotland

Registers on-

line

LR General Register of Sasines Crofting Register

Access for Civil servants Notaries Registered lawyers - member of the Bar

Credit and insurance institutions Justice (judges or experienced

justice professionals) Everyone

Registration

Authentication

process

Require credit worthiness checks while group lsquoEveryonersquo can

obtain access by individual request and reply on-line

User can

Search by

LR Parcel address Property coordinates Owner (person or

enterprise) Map Known encumbrances

Purchase price ndash only as off-line request

Access by

other MS

Yes and their validity could be checked via their home state

Can search by name address property ID ndeg map

National

legislation

No

Language English

Legal status of

the provided

information

Legal certificate Land Register Crofting Register

No formal guarantee General Register of Sasines

Payment Direct Debit through our on-line portal

Pilot project In the future

237 279

48283 Northern Ireland

Registers on-

line

Land Registry Northern Ireland Registry of Deeds Statutory

Charges Register

Access for the

following

users

Registry of Deeds Registry of Deeds and Statutory Charges

Register via Landweb

Registration

Authentication

process

Yes ndash must register with Land Registry ndash User ID and Password

required to access Landweb

User can

Search by

Access by

other MS

Yes

National

legislation

Not Applicable

Language English

238 279

Legal status of

the provided

information

Information guaranteed on date and at time of delivery only

Payment Fees are payable for land information ndash they are governed by

Statute ndash the Land Registry Fees Order and Registry of Deeds

Fees Order Payment can be made by cashsuspense

accountcreditdebit cards

Pilot project Not at this time because of the existence of our private finance

initiative contract (a way of creating lsquopublicndashprivate partnershipsrsquo

by funding public infrastructure projects with private capital)

which would make interconnection particularly complex and

costly for us

239 279

49 Interview Reports

491 Interview with EULIS

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf EULIS Meeting 6th November 2013

ReferencePage FSLandReg MM-20131106V00doc

Date 6th November 2013

Place EULIS ndash Appeldoorn NL

Participants EULIS MM R Wouters amp G Leenders

Unisys MM D Huys amp P-E Schmitz

Eulis is a specific legal entity formed as an lsquoEuropean Interest Grouprsquo Only (European)

States can become member of Eulis This does not mean EU Member States (some others can

be members ie Norway Macedonia) Eulis has now 10 members

The idea of providing a European land register information service through an electronic web

platform came in 2002 and looked then promising in order to facilitate trans-European

exchange of real estate information

The Eulis service standardise and facilitates the exchange of information (but all information

is stored in national data bases nothing is stored on Eulis and Eulis ensures no money flow)

Eulis provides the link the bridge plus a glossary for helping users to understand the

information (in case it is not provided in English by the owner)

Unfortunately the crisis came as from 2007 and the number of trans-border transactions

reduced strongly It is difficult to motivate and attract new members

Therefore the Eulis service is now facing serious issues

The number of lsquoinformation transactionsrsquo delivered via Eulis is currently very

low most probably less than 10 a week according to our understanding) Eulis is

therefore not sustainable very long and is not lsquoon the radarrsquo of real estate

professionals (ie notaries banks lawyers insurance companies) that prefer to

using their local agents correspondents or branches

The yearly contribution (20000 euro per Member State) that is necessary to maintain

Eulis alife is therefore not recovered by invoicing transactions

Although the portal is user friendly (easy to use) the service is not attractive

enough due to the poor quantity of information delivered in particular the non-

legal information lsquoaroundrsquo a real estate is not available environmental projects at

local level zoning plans maps etc Presently the lsquolegal informationtextrsquo is the

only one that may be obtained

240 279

Ideally the delivered information should go beyond the simple legal information that

a parcel number exists has a certain surface or is owned by X but in the current

situation even the mere ABC information42

is not always available

What is needed would be a real lsquoproperty reportrsquo including

Pictures

Environmentsituation

Price

Tax value

Value obtained for lsquosimilarrsquo goods in the same location and market

Important States are not connected (ie Germany France Belgium that is important

for Dutch customers Italyhellip) Some States do not have their own central portal

(Germany France)

Some States offer their services for free (ie SK) therefore they will never find an

economic justification for financing Eulis (20000 euro yearly) as the service does not

provide any income

In some States the legal framework (ie privacy regilation) does not allow to provide

the information

In some States the information is fragmented between

Kadaster (fortunetax management Min of Finance ie in Italy)

Land register (often managed by Min of Justice)

Othercombined (ie environmental data managed by other Min)

There is another major stakeholder playing in the field ELRA (European Land Register

Association) dedicated to EU MS (all except DK) Beyond its role of representing the

national Land Registers facing European Policies (lobbying being consulted in case new

regulation has implications) ELRA is also developing lsquoservicesrsquo through the ELRN

(European Land Register Network)

42 ABC A=Property (location) B=Ownership C=Mortgages other

241 279

A Help desk to support professionals facing trans-border requests

An lsquoapplicationrsquo for providing information which may appear as a competitor

for Eulis (ie informing the purchaser of a house in Spain that there are

lsquohidden chargesrsquo the new owner may have to pay all pending invoices in case

the previous owner has not paid them)

In this framework ELRA that is facing the same difficulties as Eulis to achieve LR

interoperability is also at the origin of the lsquoImola Projectrsquo43

(in cooperation with Eulis) in

order to

Define the legal conditions for access to LR information Propose a set of

common rules based on userrsquos profiles kind of searches purpose and data

required

Describe a common structure for a template about LR Information whose

guidelines will be based on information of different MS

o Decide what data are relevant for the template

o Find a minimum common denominator of data

Develop the assistance tools that complement access to the LR Information

Three level of assistance will be developed

o A glossary to facilitate the translation of the template into the official

languages

o A set of reference information comprising fact sheets

o Individual report through the experts of the ELRN network

The issue of authentication this is now based on lsquomutual trustrsquo if a country recognizes lsquoXrsquo as

an lsquoentitled personrsquo (ie a notary) then the other Eulis Members accept

The problem is that the definition of some professions (ie real estate agent) are not

standardized in all countries and that even lsquoISO professionsrsquo (like notaries) have not the

same authorisations in all countries In addition there is little security regarding the cleanup

of lists (X could be registered in 2013 but not anymore in 2014hellip) This is a potential future

challenge for e-Justice building and maintaining a central authentication system for all

justice professionals depending on the various national professional registers

43 wwweurocadastreorgpdfirish_conferenceInteroperabilityppt

242 279

492 Interview with ELRA

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf ELRA Assembly visit 10th December 2013

ReferencePage FSLandReg MM-20131210V00doc

Date 10th December 2013

Place Scotland House ndash Schumann 6 ndash Brussels

Participants ELRA (60 persons) + COM (Dick Heimans Stephan Matyk) + EULIS (R

Wouters G Leenders)

Unisys P-E Schmitz

After discussing specific ELRA and ELRN matters Dick Heimans (COM) presented the

feasibility study

The most challenging question for participants seems to be lsquoWhich one out of the 3 optionsrsquo

However the lsquohowrsquo will result from the main principle questions lsquoWho accepts to share

what and to whom and at what costrsquo

Another COM member Stephan Matyk (Stephanmatykeceuropaeu) presented the

proposal for a regulation Ndeg 10242012 where standard forms are proposed in 12 domains

including (i) real estate In fact the Parliament rapporteur plans to extend to 15 forms

5 standard forms are already annexed to the proposed Regulation Question to ask to Mr

Matyk lsquois there a draft for real estatersquo

Other contact mariavilar-badiaeceuropaeu DG Justice A1

Important glossary term to insert in our study the proposition is about simplifying

lsquoAcceptancersquo This is different from lsquoRecognitionrsquo It is formal it means that the foreign

authority must accept the document without requesting for additional forms like an Apostille

a translation of the standard form etc While Recognition is about the content considering

that the content corresponds to the legal truth

This point is to consider when the requested LR will return information (what use could you

make of it is it lsquoaccepted as isrsquo in court

Other important distinction between the lsquoLand registryrsquo institution which is implemented by

the state for the sake of the market (to secure and authenticate real estate transactions) and the

lsquoCadasterrsquo that is born as an institution of the state for the state to enable territorial taxation

Additional information

The use of Graphical databases is not yet compulsory in registration procedures

What about urban planning and environmental constraints They have a legal origin outside

the registry Therefore the policy is to link to the source only

Nothern Ireland register of deeds is text based (no maps)

243 279

The land register is map based From 2004 to 2019 British Telecom will transform it from

paper to IT lsquoLandwebrsquo which has direct access customers for folios and maps on line

3 developments are ongoing e-signature payments discharges + digitalisation of Deeds

archives

493 Interview with France

ProjectSub-project FS Land Register interconnection

Author Schmitz Patrice-Emmanuel

Type of document Meeting Minutes

Client European Commission

ndash DG JUST

Inf France Meeting 16th July 2014

ReferencePage FSLandReg MM-20160516V00doc

Date 16th July 2014

Place Teleconference

Participants Etienne Lepage DGFIP - Bureau GF3A -

etiennelepagedgfipfinancesgouvfr

Freacutedeacuterique Nion DGFIP - Bureau GF3A -

frederiqueniondgfipfinancesgouvfr

Pascale Baranger DGFIP pascalebarangerdgfipfinancesgouvfr

Jean-Franccedilois Mellet ndash Min Justice - FrancoisMelletjusticegouvfr

Marie WALAZYC ndash Min Justice - MarieWalazycjusticegouvfr

DE-MOUSSAC Brigitte ndash Min Justice - BrigitteDe-Moussacjusticegouvfr

Patrice-E Schmitz (Unisys)

Rein Geerdes (Unisys)

4931 Overview of the LR situation in France

France meaning all departements except 3 (2 forming the region Alsace and the Moselle)

reports (on its e-Justice page) that lsquo354 French property registers exist (Deed system

one for each Service de publiciteacute fonciegravere) They are independent of each other and there

is no interaction between them Moreover in France there is no Internet portal that allows

people to consult these registersrsquo

However these services are managed by the Ministry of Finances (DGFI) and the French

administration has consolidated access to land data through two lsquoapplicationsrsquo that are

lsquonationalrsquo (except AlsaceMoselle)

FIDJI (made for both justiceproperty security and fiscal needs) provides consulting

access to property titles (from all local registers) but access is reserved to the

administration Parcels are identified by cadastral number

MAJIC (cadastre file for fiscal purpose) maintains departemental files

In addition the Hyposcan file provides access to scanned acts (only as from 2004)

There is no lsquocentral filersquo behind these two applications land data are managed locally in the

354 services for property data and in 98 relevant French deacutepartements (101-3) Therefore no

global search on the property of a person is possible for all queries requesters have to start

with the name of the municipality

244 279

Access to MAJIC FIDJI amp Hyposcan is reserved to administration only The Fiscal

administration interfaces requests from public and professionals (providing them with

asynchronous answers)

However there is a specific access to a subset of MAGIC via the SPDC (serveur

professionnel de donneacutees cadastrale) which is on-line for notaries and geometers and

provide access to a subset of cadastral data

Authentication based on a register linked to their professional organisations

It is the office (lrsquoEtude) of the Notaries and Geometers that receive an access and is

therefore registered in the professional register (annuaire) managed by the DGFI Each

office has to providewithdraw accesses (IDPassword) for its professional staff

It is stated that on-line access is reserved for French notaries only (Q22) because the access

is necessary to comply with French law publicity (obtaining the lsquomodegravele 1rsquo extract)

A certain centralisation of data is in progress as from 2004 (10 years) the BNDP The

lsquoBanque Nationale de Donneacutees Patrimonialersquo is a database reproducing a subset of the

above applications (FIDJI amp MAJIC) Access is reserved to lsquoauthorised agentsrsquo that are

members of the administration only (Q121) The BNDP is on-line for lsquothe competent

administrationrsquo (Q2 p5)

4932 Situation in AlsaceMoselle

Three departements (Moselle and the two departements of Bas Rhin amp Haut Rhin forming

the Alsace region) have their own land register regime (Title system managed for the

Ministry of Justice) where all land data are centralised into a unique file AMALFI

Justice professionals (notaries bailiffs geometers and municipalities) have on-line access

(others send asynchronous requests)

No authentication is needed for the lsquoImmeublersquo dataauthentication foreseen for the

lsquopersonnersquo and lsquoannex datarsquo

4933 The processing of requests

As a result of questionnaires there is a clear difference between AlsaceMoselle (AMALFI

system) and other parts of France AMALFI delivers copies electronically lsquofor simple

information purposersquo The delivery of a legal certificate is done also but on paper only

For the rest of France no synchronouson-line access is currently possible to MAJIC amp

FIDJI even for justice professionals notaries etc at the exception of SPDC (where on-line

requests are for free) The barriers are both legal (existing on-line access to SPDC are

reserved to French notaries and geometers) and technical (this looks not relevant as just

depending of resources for upgrading servers capacity)

245 279

Therefore requests are off-line they must be send to the DGFI and The DGFI processes 6

million requests yearly

The payment of a fee is requested for the processing of these asynchronous requests (see Q2

p22) Fees are different for files managed by the DGFI (Min Finances) and AMALFI

Concerning the Q3 Technical answers are relevant for the AMALFI system only It is on-

line (99 availability) processing 150000 requests monthly (1700 unique users) and it

would be able to support twice this amount

AMALFI contains no cartography (is not INSPIRE compliant)

Authentication (justice professionals notaries etc ) is done via a specific smart card for the

on-line access to AMALFI No authentication for the public sending asynchronous requests

The attribution of the specific smart card is done on request (Form signed by the user AND

by his professional body)

Concerning payments (Q2 p22) see Q3 (in English) ndash this is for AMALFI

The DGFI accepts payment by bank card (all business cards) by SEPA transfer and by the

traditional cheques

For each transaction there is one payment and one invoice (no globalisation no monthly

global invoice etc) but frequent users have the possibility to lsquopre-payrsquo an amount on a

lsquoreserversquo that will allow to send information requests and works like a lsquodebit cardrsquo (until the

total amount is spent)

4934 List of national land registers and their organisation

MS Register Responsible

organisation

State of

digit

Online Interconnection

candidate

The land registration

in France is strictly

ruled by the civil law

but there is no

national and unique

register

As a matter of fact

the land registration

in France is split in

354 local registers

known as lsquoservices de

la publiciteacute fonciegraverersquo

Thus for

each town a

property

register is

managed by

the local land

registration

service

100 No No on-line

interconnection

possible

Interconnection

could be

technically based

on asynchronous

requests

response to an

agreed query

form

FIDJI (made for both

justiceproperty

security and fiscal

needs) is an

application for

providing consulting

DGFI (Min of

Finance)

But no data

are stored

centrally

Deeds are

100 No The DGFI

processes 6

million requests

yearly

Asynchronous

246 279

access to transactions

(from the 354 local

registers) but access

is reserved to the

administration

Parcels are identified

by cadastral number

stored in each

of the 354

lsquoservice de

publiciteacute

fonciegraverersquo

connection

(based on an

agreed form) is

technically

possible but

depending on a

political decision

MAJIC (cadastre file

for fiscal purpose)

maintains

departemental files

DGFI (Min of

Finance)

But no data

are stored

centrally

Data are

stored in each

of the 93

relevant

departments

100 No See above (both

applications

FIDJI amp MAGIC

are used to

address the

6000000

requests)

Hyposcan file

provides access to

scanned acts (only as

from 2004)

DGFI (Min of

Finance)

100 as

from

2004

No No The

application

provides scanned

images of deeds

only

AMALFI

(AlsaceMoselle

only)

3 departments (out of

101)

Ministry of

Justice

100 Yes YES no specific

authentication is

needed for

lsquoImmeublesrsquo

inqueries

For Persons and

Annexes

inquiries

SPDC (serveur

professionnel de

donneacutees cadastrales)

This is not a register

but a server providing

access to a subset of

data covered by the

MAJIC application

(cadaster)

DGFI 100

(limited

cadastral

subset)

Yes NO

This is the only

lsquoOn-Linersquo

access but it is

reserved to the

lsquoregistered

officesrsquo of

French notaries

and geometers

It provides only

access based on

some criteria

- knowing the

location

(commune)hellip

- the cadastral

reference

- the name of the

owner

247 279

- The document

number

(document

drsquoarpentage)

4935 Title vs deed systems

MS Title Deeds Remarks

No

(except

Alsace

Moselle)

Yes Deeds are kept in the 354 lsquoservices de publiciteacute

fonciegraverersquo (there are several services per French

department corresponding to the historic

lsquoarrondissementsrsquo)

Yes (in

Alsace

Moselle

No The Alsace region includes the two departements of

Bas-Rhin and Haut-Rhin Moselle is a third

department This area is still regulated by German law

principles as the Land Register was implemented

under Prussian domination between 1871 and 1918

4936 Land register data comparison tables

49361 Parcel address and ID

MS Register Parcel address Parcel ID Comments

Present Search Present Search

FIDJI No No Yes yes This is the cadastral

parcel number (the

same that is used as

key for searching

MAJIC)

MAJIC Yes Yes Yes Yes

Hyposcan No No No No The references of the

scanned act are the

unique keys

AMALFI Yes Yes Yes Yes

49362 Property coordinates and map

MS Register Coordinates Map Comments

Present Search Present Search

FIDJI No No No No Except via the

cadastral reference

MAJIC No No No No Except via the

cadastral reference

AMALFI Yes Yes No No

49363 Owner

MS Register Owner Comments

Present Search

248 279

FIDJI Yes Yes You have to know the property location

first (commune)

MAJIC Yes Yes You have to know the property location

first (departmentcommune)

AMALFI Yes Yes

49364 Known encumbrances

MS Register Known encumbrances Comments

Present Search

FIDJI Yes Yes

AMALFI Yes Yes

49365 Purchase price

MS Register Purchase price Comments

Present Search

FIDJI Yes Yes

AMALFI Yes No

49366 Language

MS Primary language Other language

French No

49367 Usage costs and payments methods per MS

MS Timig of

payment

Means of

payment

Data

available for

free

Cost of non-free data

Requests to

DGFI

One for each

request at the

time of

sending the

request

Bank cards

(the usual set

visa etc)

Transfer

Chegraveque

+ Pre-paid

lsquoreserversquo

No From 12euro (real

estatepersons) to 30euro (full

description of a co-

property)

Requests to

AMALFI

Copies are

delivered after

payment

Bank cards on

the web site

wwwlivrefonc

ierfr

Transfer

Chegraveque

No From 5euro (real

estatepersons) to 25euro

(annexe)

4937 Summary

Registers online Three departements (Moselle and the two

departements of Bas Rhin amp Haut Rhin forming the

Alsace region) have their own land register regime

(managed for the Ministry of Justice) where all land

249 279

data are centralised into a unique file AMALFI

French notaries and Geometers have access to the

SPDC server providing access to a subset of land data

Access for the following

users

AMALFI Justice professionals (notaries bailiffs

geometers municipalities) have on-line access (others

send asynchronous requests)

SPDC only French offices of notariesgeometers

when registered

RegistrationAuthentication

process

AMALFI Authentication (justice professionals

notaries etc ) is done via a smart card for the on-line

access and requests of copies lsquopersonsrsquo No

authentication for the public sending asynchronous

requests (related to lsquopropertiesrsquo)

The attribution of the specific smart card is done on

request (Form signed by the user and by his

professional body)

SPDC IDpassword to be distributed by the registered

office

User can Search by AMALFI Name Address Property ID number

Number of the lsquoannexersquo

SPDC Knowing the location (commune) by cadastral

Nr owner name document Nr

Access by other MS Not implemented

French services do not take position on this point

(accepting to process asynchronous requests is a

political decision)

National legislation France Code Civil ndash Art 2449

AlsaceMoselle Decret 2009-1193

Language French

Legal status of the provided

information

FIDJI (responses provided by DGFI using the FIDJI

application) the file does NOT establish a property

title However it makes it lsquolikelyrsquo and valid against

third parties (opposabiliteacute) The relevant service (of

land publicitypubliciteacute fonciegravere) certifies that the

answer reproduces the exact lsquostatus of the filersquo at the

250 279

time of the request The French State would be

responsible in case of error (if the status of the file is

not properly reported)

SPDC (on-line) no legal value (informative)

AMALFI Online answers have no legal value

(delivered for information only)

Copies provided on paper are signed by the lsquoGreffierrsquo

and are certificates

Payment Various systems exists including SEPA transfers and

the on-line payment via the usual credit cards

(Visamastercard etc)

Pilot project France is not candidate (reason too much work in

progress ICT reorganisation lack of national system

on-line)

251 279

410 Common Communication Protocol sample scenarios

4101 Sample scenarios

The following sections provide a set of sample scenarios showcasing different usages of the

common communication protocol Please note that the descriptions provided avoid technical

details and abstract certain business processes This is done to keep the readerrsquos focus on the

particulars of the common communication protocol and its intended uses It is understood that

to properly implement any of the scenarios described further analysis will be required

The notation used in the diagrams presented in the sample scenarios is compliant with BPMN

20

4102 Scenario I Professional capacity certification not required

In this scenario it is assumed that the queried Member State (henceforth mentioned as

lsquoMember State Brsquo) does not impose any particular authorisation scheme ie it allows any

user to search for a property using its identification number Furthermore let us now assume

that a registered EJP user (from now on called lsquoRequesterrsquo) who is a citizen of another

Member State (mentioned as lsquoMember State Arsquo) wishes to submit a query to Member State

B using an identification number of a property previously known to him The flow of events

will occur as following

1 The Requester reaches the Land Registers Interconnection area in the Portal and selects

to query Member State B At this point the Portal shows to the Requester Member State

B terms and conditions for using the Land Registers Interconnection which the

Requester immediately accepts

2 The Portal via the Interconnection Hub requests the query authorisation scheme of

Member State B using its Authorisation module

3 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries from all users and provides a list of accepted parameters which in this

case only includes the identification number of a property

4 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

5 The Requester fills-in the search form and submits it

6 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

7 Member State B processes the request and subsequently responds

8 The Portal shows the query response from Member State B to the Requester

This sequence of events is depicted in the following diagram

252 279

Figure 28 Scenario I Overview

253 279

4103 Scenario II Professional capacity certification required

Further to the previous scenario assume that Member State B requires that the Requester is

authenticated by Member State A in order to provide access to its Land Register data Also

assume that Member State A has a process for registering (and from that point on

authenticating) its users

Under these assumptions the first two steps of the flow of events described in Scenario I

remain the same and are not repeated for the sake of brevity The subsequent flow events will

occur as follows

1 Member State B responds informing (via the Interconnection Hub) the Portal that it

allows queries only from authenticated users and provides the same list of accepted

parameters as in Scenario I

2 Using the Interconnection Hub the Portal requests the Authentication module of

Member State A to certify the Requesterrsquos professional capacity using as parameter

his e-mail address (ie the one used by the Requester in his ECAS registration)

3 At this point Member State A responds negatively (ie the Requester has not yet

been registered)

4 The Portal forwards the Requester to Member State A registration process entry point

embedding at the same time the Requesterrsquos email address in the request at this point

the internal registration process of Member State A commences

Regardless of how the process takes place upon successful conclusion Member State

A records the Requesterrsquos e-mail so that it can be used for further certification

requests

5 The Requester again visits the Portal and the previously described flow is repeated up

until step 2

6 Member State A is asked to certify the Requester which it does by returning a

digitally signed token to the Portal which contains at least the Requesterrsquos e-mail and

his authenticated role (eg notary)

7 The Portal receives the digitally signed token and temporarily stores it

Please note that the term lsquotemporarily storesrsquo here implies that the Portal will keep the

digitally signed token only as long as the Requester session lasts Once this session is

concluded the token is deleted along with any other session data

8 The Portal provides to the Requester a form in his selected language allowing him to

submit his query to Member State B

9 The Requester fills-in the search form and submits it

10 The Portal processes the input received by the Requester and using the

Interconnection Hub submits it to Member State B

Please note that the digitally signed token is automatically embedded during this

process to the query submitted to Member State B

11 Member State B processes the received request As part of the processing Member

State B validates the signature of the digitally signed token (thus validating that the

token originates from Member State A) and checks if the Requesterrsquos professional

capacity allows the query to be executed In this scenario both evaluations are

positive and Member State B immediately provides the search query result

12 The Portal shows the query response from Member State B to the Requester

The described sequence of events is depicted in the following diagram

254 279

Figure 29 Scenario II Overview

255 279

411 Consolidated responses of Member States to questionnaire 3

Section 1 General technical questions

1 Please define system availability in percentages during the period of a calendar month

(eg the solution is available 99 of the time in any given month)

Below 98 6 35

From 981 to 995 8 47

Above 996 3 18

Unknown Not provided 0 0

2 How many queries does your system serve and what would be the maximum and average

number of users using your system per month

Below 10000 queriesusers per month 4 24

From 10000 to 50000 queriesusers per month 6 35

From 100000 to 30000 queriesusers per month 1 6

Above 300000 queriesusers per month 5 29

Unknown Not provided 1 6

3 To your understanding is your current solution able to cope with additional number of

searches due to international cooperation and if yes to what extent Can you please specify

256 279

the maximum number of additional searches per month you would expect your system to be

able to handle

Yes can cope with additional number of searches 15 88

No cannot cope with additional number of searches 2 12

Unknown Not Provided 0 0

4 What kind of information does your system log during normal operation

Searches executed 16 38

Create update and delete operations 14 33

Read operations 9 21

Other 3 7

Section 2 Data model

6 Is map data used in your register (parcel localisation) compliant with the INSPIRE

directivestandard If yes can you please specify the level of compliance (full or partial)

and if only partially compliant also provide a short explanation how it diverges

Not compliant with INSPIRE 4 24

Compliant with INSPIRE 5 29

Partially compliant with INSPIRE 5 29

Unknown Not provided 3 18

257 279

7 If you are not yet fully compliant with INSPIRE do you intend to become so

If yes can you please provide the timeframe for this activity and the extent of the

planned compliance

Yes I intend to become INSPIRE compliant within the next 12-24 months 3 18

Yes I intend to become INSPIRE compliant but the timeframe is unknown 1 6

No I dont intend to become INSPIRE compliant 3 18

Unknown Not provided 10 59

Section 3 Interfaces

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

8 To what networks is your system currently connected (eg governmental

Internet sTesta)

Governmental 8 31

Internet 16 62

sTesta 0 0

Other 2 8

258 279

9 What interfaces are available currently from your system In case there is more than one interface please also specify your

preference (if any)

Available Preferred Available

amp Preferred

Web pages (eg

http forms)

11 - 2

SOAP based

Web Services

7 - 2

REST based

Web Services

3 - -

Other 2 - -

259 279

10 Can you please indicate for each of the following standards whether it is supported by your current technical platform and if

yes which version is currently supported

Please mention for the ones that you do not currently support whether to your knowledge they will be supported in the next 24

months For the standards that you are currently supporting please indicate the known limitationsrestrictions of your platform

and whether these limitationsrestrictions are expected to be still applicable in the next 24 months

Currently

supported

Supported within

the next 24 months

WSDL 11 3

SOAP 10 3

XSD 10 2

HTTPS 13 1

REST 4 1

WADL 2 1

UDDI 2 1

WS-Discovery 1 1

OpenPGP 0 1

SAML 1 2

Unicode 8 2

Date Error Unknown document property name Version 039Error Unknown document

property name 260 279

11 Does your platform support any of the following Web Service extensions If yes which

versions are supported If not could you potentially add support for these in the next 24

months

WS-Security 3 33

WS-

SecureConversation

1 11

WS-Policy 2 22

WS-Addressing 0 0

Unknown Not

provided

3 33

12 Would you consider modifying extending or replacing the interfaces currently

provided by your system so as to achieve better integration with the European e-Justice

Portal If not can you please provide the reason

Yes I consider modifying extending or replacing the interfaces 11 65

No I dont consider modifying extending or replacing the interfaces 4 24

Unknown Not provided 2 12

261 279

Section 4 Technical platform

13 Can you please provide a list of all the components of your current technical platform describing the type of component (ie

application servers programming andor scripting languages database server specific libraries IDErsquos etc) vendor and version

Please mention for each whether it is mandatory that you use it (for example because of a global ICT policy) or whether it is a current

preferred choice

Available Not

Available

Java based environment

(Oracle IBM)

13 0

Java based environment (Open

Source)

3 1

Microsoft based environment 6 0

Open Source based

environment

4 0

262 279

14 Can you please provide a list of the supported character sets by your current

technical platform andor IT tools

Local language

character sets

6 27

UTF-8 12 55

Unknown Not

provided

4 18

15 Do you have plans for updating your existing technical platform in the next 24

months If yes please describe the upgrades that are foreseen (specifying the

components vendor and version for each) and provide the expected timeframe for the

migrations

Yes I plan on updating within the next 24 months 5 29

No I dont plan on updating within the next 24

months

10 59

Unknown Not provided 2 12

263 279

Section 5 Security

16 Can you please outline the security measures you currently have in place in your

system (eg usage of HTTPS for web communications data encryption for all or a part

of the data stored by the system etc)

Usage of HTTPS for

web communications

12 43

Data encryption for all

or a part of the data

stored by the system

4 14

Other 11 39

Unknown 1 4

17 Are there specific regulations or security policies that a particular type of network

connection (such as an Internet connection VPN connection over Internet etc) must be

conformant with so that it can be used in your environment

Yes there are specific regulations or security

policies

10 59

No there arent specific regulations or security

policies

6 35

Unknown Not provided 1 6

264 279

18 Do you use different user roles and if yes please can you please briefly describe

them

Yes I use different user roles 12 71

No I dont use different user roles 3 18

Unknown Not provided 2 12

19 How do you currently authenticate users of your system In case you use different

roles in your system please also mention if you follow the same or different

authentication schemes per role

Using username and

password

16

64

Using two-factor

authentication (ie

username and

password plus a

software or hardware

token)

2 8

Other 7 28

Unknown Not

provided

0 0

265 279

412 Consolidated responses from questionnaire nr 3

Payment instruments and volumes per Member State

Payment

Instrument Credit

transfer

Xborder

Credit

transfer

Direct

Debit

DD

Mandates Cards Cheques Cash Other Country

Belgium 1500 50 0 0 0 0 0 0

Bulgaria 0 20 5000 0 0 0 0 0

Croatia 1000 0 0 0 0 0 0 0

Cyprus 500 0 0 0 0 0 0 0

Czech Republic 1500 10 0 0 0 0 10 0

Denmark 0 0 0 0 0 0 0 0

Estonia 7100 0 0 0 50 0 0 0

Finland 2000 10 0 0 0 0 10 0

France 10000 0 0 0 10000 5000 0 0

Germany 15000 0 15000 0 0 0 0 0

Greece 0 0 0 0 0 30600 0 0

Hungary 30000 0 0 0 5000 0 0 0

Ireland 700 0 100 0 500 13000 2000 0

Italy 15000 0 15000 0 0 0 0 0

Latvia 1400 0 6700 0 0 0 0 0

Lithuania 1850 10 0 0 0 0 0 0

Luxembourg 0 0 0 0 0 0 5400 0

Malta 0 0 0 0 0 860 1060 0

Netherlands 800 40 16000 16000 200 0 0 0

Poland 20000 0 0 0 0 0 0 0

Portugal 1230 0 0 0 2300 500 2000 0

Romania 2000 0 0 0 0 0 0 0

Slovakia 1000 0 0 0 0 0 0

Slovenia 500 10 0 0 0 0 0 0

Spain 3000 0 20000 0 1000 0 0 0

Sweden 2000 40 0 0 0 0 0 0

United

Kingdom 180 10 80000 16000 50 50000 10 0

Totals 118260 200 157800 32000 19100 99960 10490 0

Table 29 Consolidated view of payment instruments and volumes per Member State

266 279

413 Reference and applicable documents

4131 Business analysis report (Part I)

41311 Applicable documents

EUROPEAN COMMISSION (2013) European e-Justice Portal Land Registers

Interconnection ndash feasibility and implementation analysis DESCRIPTION OF

SERVICESTECHNICAL ANNEX v 102

41312 Legal and political reference documents

EUROPEAN COMMISSION (2014) 2014333EU Commission Decision of 5 June 2014

on the protection of personal data in the European e-Justice Portal

COUNCIL OF THE EUROPEAN UNION (2000) Council Regulation (EC) No 442001

of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (the Brussels Regulation)

EU 2009 Multi-Annual European E-justice action plan 2009-2013 (2009C 7501)

EUROGRAPHICS PCC ELRA EULIS CLGE (2013) An agreement lsquoCommon Visionrsquo

for cooperation on cadastre and land registry issues

EUROPEAN COMMISSION (2013) Commission implementing decision of 14112013

on the award of grants for the Specific Programme Civil Justice call for proposals for

action grants JUST2013JCIVAG C(2013) 8097 final

EUROPEAN PARLIAMENT (2011) Draft European Parliament legislative resolution on

the proposal for a Council regulation on jurisdiction applicable law and the recognition

and enforcement of decisions in matters of matrimonial property regimes

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(1995) Directive 9546EC of the European Parliament and of the Council of 24 October

1995 on the protection of individuals with regard to the processing of personal data and on

the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2000) Regulation (EC) No 452001 of the European Parliament and of the Council of 18

December 2000 on the protection of individuals with regard to the processing of personal

data by the Community institutions and bodies and on the free movement of such data

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2007) Directive 20072EC of the European Parliament and of the Council of 14 March

2007 establishing an Infrastructure for Spatial Information in the European Community

(INSPIRE)

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Directive 201217EU of the European Parliament and of the Council of 13 June

2012 amending Council Directive 89666EEC and Directives 200556EC and

267 279

2009101EC of the European Parliament and of the Council as regards the

interconnection of central commercial and companies registers

EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 6502012 of the European Parliament and of the Council of 4

July 2012 on jurisdiction applicable law recognition and enforcement of decisions and

acceptance and enforcement of authentic instruments in matters of succession and on the

creation of a European Certificate of Succession

EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

(2012) Regulation (EU) No 12152012 of the European Parliament and of the Council of

12 December 2012 on jurisdiction and the recognition and enforcement of judgments in

civil and commercial matters (recast) [OJ L351 12122012 p1]

41313 Land data reference documents

EULIS (2013) EULIS country table state of play November 2013 (Country table state of

play update Nov 2013xls)

EUROGRAPHICS (2007) The cadastral parcel in NSDIrsquos and in INSPIRE ndash August 2007

EUROGRAPHICS (2008) Cadastres and Land Registries Source of information - March

2008

EUROGRAPHICS (2010) Cadastres and Land Registries Source of information 2 - July

2010

EUROGRAPHICS PCC (2011) Cadastre iNSPIREd Report ndash January 2011

EUROGRAPHICS (2013) INSPIRE KEN Public meetings presentations

(httpwwweurogeographicsorgcontentpublic-meetings-5)

G LARSSON (1991) Land registration and cadastral systems Tools for land information

and management Longman Scientific amp Technical 1991 pp 17-18 based on United

Nations Ad Hoc Group of Experts on Cadastral Surveying and Mapping 1973 New York

ILICONN consortium (2014) Architecture Overview - Land Registers Interconnection

ILICONN consortium (2014) Land Registers Interconnection Minutes of Meeting

General Justice 1st Sub-Group Meeting 19th May 2014

ILICONN consortium (2014) Land Registers Interconnection Proposals for handling

payments

INSPIRE D28I5 INSPIRE Data Specification on Addresses

PCC (2008) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART I (AT BE CZ DE IT SK ES SE)

268 279

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART II (CY FI GR HU PL SI)

PCC (2009) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART III (EE LT LU DK RO PT)

PCC (2010) CADASTRAL INFORMATION SYSTEM a resource for the EU policies

OVERVIEW ON THE CADASTRAL SYSTEMS OF THE EU MEMBER STATES

PART IV (CY FI GR HU PL SI)

41314 Links

httpse-justiceeuropaeu

httpeuliseu

httpinspirejrceceuropaeu

httpwwwclgeeu

httpwwwelfprojecteu

httpwwwelraeu

httpwwweurocadastreorg

httpwwweurogeographicsorg

4131 Architecture overview and Proposals for handling payments (Part II

and Part III)

Doc

ID

Reference Related

Document

Location

REF1 LRI ndash Terms of Reference

v102

REF2 LRI ndash Glossary-v012

REF3 LRI ndash Consolidation and

extension of the existing

business analysis report

REF4 ArchiMatereg 21 an Open

Group Standard

httppubsopengrouporgarchitecturearchimate2-

doc

REF5 Software Architecture

Document ndash EULIS 20

v20

REF6 Specific Contract No

JUST2012JCIVFW-

A0217A4e-Justice

Portal under Framework

269 279

Doc

ID

Reference Related

Document

Location

Contract

JLS2008A501Lot 2

REF7 LRI ndash Feasibility and

Implementation analysis ndash

Technical Annex v102

270 279

414 Terminology

4141 Business analysis report (Part I)

Acronym or

Abbreviation

Term Meaning

Authentication Authentication is the process of

confirming identity

Authorisation Authorisation is the function of

specifying access rights to resources

related to information security and

computer security in general and to

access control in particular More

formally lsquoto authorisersquo is to define an

access policy

Encumbrance An encumbrance is a right to interest in

or legal liability on real property that

does not prohibit passing title to the

property but that diminishes its value

Mortgage A mortgage loan also referred to as a

mortgage is used by purchasers of real

property to raise money to buy the

property to be purchased or by existing

property owners to raise funds for any

purpose The loan is lsquosecuredrsquo on the

borrowers property This means that a

legal mechanism is put in place which

allows the lender to take possession and

sell the secured property (lsquoforeclosurersquo or

lsquorepossessionrsquo) to pay off the loan in the

event that the borrower defaults on the

loan or otherwise fails to abide by its

terms

Use case In software and systems engineering a

use case is a list of steps typically

defining interactions between a role

(actor) and a system to achieve a goal

The actor can be a human or an external

system

AT Austria EU Member State

BE Belgium EU Member State

BG Bulgaria EU Member State

C Cadastre A cadastre is a systematic description of

the land units within an area The

description is made by maps that identify

the location and boundaries of every unit

and by records In the records the most

essential information is the identification

number and the area of the unit usually

271 279

Acronym or

Abbreviation

Term Meaning

differentiated by land use class [hellip]

Furthermore the classical cadastre

provides information concerning owners

land classes and values or land taxes44

CCRF Cross border

Conveyancing

Reference

Framework

It aims to set out a European framework

of rules and principles for a process that

for contractual and non-contractual

obligations is based on the law choice of

the two parties and the use of digital

means

CLGE The Council of

European

Geodetic

Surveyors

CLGE is the leading organisation

representing the Surveying Profession in

Europe It promotes the profession in the

European Union and fosters its

development in the Council of Europe

countries Surveying as understood by

CLGE includes Cadastral Surveying

which provides security to land and

property title and thus underlines the

economic base of western society

Geospatial information is now ubiquitous

in our lives and Surveyor plays a

fundamental role in this field CLGE is

represented in 36 Council of Europe

Countries among them 28 EU Member

States

COM The Commission

(DG JUSTICE)

CROBECO CRO(ss) B(order)

E(lectronic)

CO(nveyancing)

Project which aims to set out a European

framework of rules and principles for a

process that for contractual and non-

contractual obligations is based on the

law choice of the two parties and the use

of digital means The framework is

referred to as the lsquoCross border

Conveyancing Reference Frameworkrsquo

(hereafter CCRF) and could improve

confidence of foreign buyers in reliable

cross border conveyancing In the long

term the CCRF could be developed as a

basis for optional generic European

digital conveyancing rules For the short

44 G LARSSON (1991) Land registration and cadastral systems Tools for land information and

management Longman Scientific amp Technical 1991 pp 17-18 based on United Nations Ad Hoc Group of

Experts on Cadastral Surveying and Mapping 1973 New York

272 279

Acronym or

Abbreviation

Term Meaning

term the CCRF focuses on bilateral

agreements with respect for existing

legislation This means that although the

existence of different systems will lead to

different demands the CCRF should be

applicable in Member States with

different legal systems In each of these

Member State the law of the country

where the plot is located (Lex Rei Sitae)

determines the acquisition of property

and applies to all questions related to real

rights45

CY Cyprus EU Member State

CZ Czech Republic EU Member State

DE Germany EU Member State

DIGIT Directorate-

General for

Informatics

DK Denmark EU Member State

EE Estonia EU Member State

EEIG European

Economic Interest

Group

EL Greece EU Member State

ELF European

Location

Framework

Project to deliver a pan European cloud

platform and web services to build on the

existing work of the INSPIRE Directive

and enable access to harmonised data in

cross border applications

Brings together 30 participating

companies including national amp regional

mapping and cadastral agencies software

developers application providers

research amp academia and more

The project is co-funded by the European

Commission

ELRA European Land

Registers

Association

ELRA is an international association

whose primary purpose is the

development and understanding of the

role of land registration in real property

and capital markets Equally ELRA is

fully committed to work on behalf of

land registries in Europe in cooperating

with the UE institutions

45 Project website httpwwwelraeuelra-european-land-registry-associationcrobeco

273 279

Acronym or

Abbreviation

Term Meaning

ELRN European Land

Registers Network

ELRN is a network of Contact Points of

Land Registry associations that answers

questions and publishes legal

explanations of the Land Registry

information provided by the national

systems

ES Spain EU Member State

EU European Union

EULIS European Land

Information

Service

EULIS provides easy access to land and

property information for citizens and

professional customers in Europe It is an

information hub where customers can

find out about different land registration

conditions in each country EULIS has

information about national land registry

organisations their contact details and

other helpful information and links It

also offers on-line access to European

land and property registers for licensed

customers

EULIS is part of the European Economic

Interest Group (EEIG) All countries in

Europe can become member of EULIS

EEIG The organisation maintains a

portal that provides on-line services and

direct access to official land registers in

Europe The portal also offers a glossary

with a definition and translation of terms

in different languages and reference

information on land registry and cadastre

organisations and the products and prices

that are provided

EuroGraphics EuroGraphics is an international non-

profit association composed of the

European cadastre land registry and

national mapping authorities whose

mission is to further promote the

development of the European Spatial

Data Infrastructure through collaboration

in the area of geographical information It

brings together 59 members from 47

countries across Europe

FI Finland EU Member State

FR France EU Member State

GUI Graphical User

Interface

HR Croatia EU Member State

274 279

Acronym or

Abbreviation

Term Meaning

HU Hungary EU Member State

ID Identifier Name that identifies a unique object

IE Ireland EU Member State

IMOLA Interoperability

MOdel for

Landregisters

IMOLA projectrsquos objectives are to

bull Describe information from land

registers and

other key registers in a semantic model

bull Design IT infrastructure for

interoperability

suitable for all Member States

bull Define a standard Land Registry Doc in

XML

bull Develop a set of web service

bull Optional Pilot prototype of standard

document and application

INSPIRE Infrastructure for

Spatial

Information in the

European

Community

The INSPIRE directive came into force

on 15 May 2007 and will be

implemented in various stages with full

implementation required by 2019

The INSPIRE directive aims to create a

European Union spatial data

infrastructure This will enable the

sharing of environmental spatial

information among public sector

organisations and better facilitate public

access to spatial information across

Europe

ISFT Intrasoft

IT Italy EU Member State

JHA Justice and Home

Affairs

Justice and Home Affairs the former

name for a pillar of the European Union

JRC Directorate-

General Joint

Research Centre

JUST Directorate-

General Justice

KEN Knowledge

Exchange

Network

Knowledge Exchange Networks bring

together experts from the national

mapping and cadastral agencies to

provide forums for the exchange of best

practice and to discuss the day-to-day

issues facing all national mapping and

cadastral agencies

LARESDA LAnd REgisters

and Spatial Data

LARDESDA projectrsquos objectives are to

bull Describe information from land

registers and cadastral registrations

which are focused on spatial and non-

legal aspects

275 279

Acronym or

Abbreviation

Term Meaning

bull Study link between descriptive parcel

and the spatial parcelpolygon

(harmonisation)

bull Prepare guidelines on how to include

spatial data in the registration process

bull Develop a Land Property Document

with information originating from land

registers cadastral registrations and other

base registers (tax zoning etc)

bull Optional prototype of standard

document and map search with ELF-

functionality

LR Land Register The land register is a public register of

deeds and rights concerning real

property Depending on the legal system

it may be a register of deeds or a register

of titles Under the system based on the

registration of deeds it is the deed itself

that is registered A deed is a record of a

particular transaction and serves as

evidence of this specific agreement but it

is not itself a proof of the legal right of

the transacting parties to enter into and

consummate the agreement Under the

alternative system based on the

registration of title this process of tracing

the chain of deeds is unnecessary Title

registration is itself a proof of ownership

and its correctness is usually guaranteed

and insured by the State47

LT Lithuania EU Member State

LU Luxembourg EU Member State

LV Latvia EU Member State

MS (EU) Member

State(s)

MT Malta EU Member State

NL Netherlands EU Member State

PCC Permanent

Committee on

Cadastre in

European Union

PCC is the international organisation that

joins together the Cadastral Institutions

of the countries of the European Union

The PCC mission is to create an adequate

space in which to promote the full

awareness of the activities developed by

the European Union and the Member

States related with Cadastre and by

means of this information to develop

strategies and propose common

initiatives with the aim of achieving

276 279

Acronym or

Abbreviation

Term Meaning

greater coordination among the different

European cadastral systems and their

users

PL Poland EU Member State

POC Point of Contact

QA QC Quality

AssuranceQuality

control

RO Romania EU Member State

SE Sweden EU Member State

SEPA Single Euro

Payment Area

SI Slovenia EU Member State

SK Slovakia EU Member State

SOA Service-oriented

architecture

Service-oriented architecture (SOA) is a

software design and software architecture

design pattern based on distinct pieces of

software providing application

functionality as services to other

applications This is known as service-

orientation It is independent of any

vendor product or technology

SOAP Simple Object

Access Protocol

Protocol specification for exchanging

structured information in the

implementation of web services in

computer networks

SPOC Single Point of

Contact

TM Topographic

mapping

UIS Unisys

UK United Kingdom EU Member State

277 279

4142 Architecture overview (Part II)

Term Definition

Asynchronous

call

In computer science an asynchronous call is a form of input

processing that permits other processing to continue before the

execution is finished

See httpenwikipediaorgwikiAsynchrony for more information

Backward

compatibility

In computing a product or technology is backward compatible if it

can work with input generated by an older product or technology such

as a legacy system If products designed for the new standard can

receive read view or play older standards or formats then the

product is said to be backward-compatible

See httpenwikipediaorgwikiBackward_compatibility for more

information

Big-Bang Big bang is the adoption type of the instant changeover when

everybody associated with the new system moves to the fully

functioning new system on a given date

See httpenwikipediaorgwikiBig_bang_adoption for more

information

ECAS ECAS is the European Commission Authentication Service It is a

common authentication system allowing for a single sign on to be

used across a large number of European Commission websites

Enterprise

Service Bus

An enterprise service bus (ESB) is a software architecture model used

for designing and implementing communication between mutually

interacting software applications in a service-oriented architecture

(SOA) As a Software Architectural Model for distributed computing

it is a specialty variant of the more general client server model and

promotes agility and flexibility with regards to communication

between applications Its primary use is in enterprise application

integration (EAI) of heterogeneous and complex landscapes

See httpenwikipediaorgwikiEnterprise_service_bus for more

information

Greenfield Greenfield is a project or generally action that lacks any constraints

imposed by prior work

See httpenwikipediaorgwikiGreenfield_project for more

information

Professional

capacity

certification

The act of identifying and certifying an individualrsquos profession

Reference

Implementation

A reference implementation is in general an implementation of a

specification to be used as a definitive interpretation for that

specification

See httpenwikipediaorgwikiReference_implementation for more

information

Semi-centralised

interconnection

A deployment topology where parts of the systemrsquos functions are

hosted centrally and other parts are deployed in remote nodes

SOAP SOAP originally defined as Simple Object Access Protocol is a

protocol specification for exchanging structured information in the

implementation of web services in computer networks It relies on

278 279

Term Definition

XML Information Set for its message format and usually relies on

other application layer protocols most notably Hypertext Transfer

Protocol (HTTP) or Simple Mail Transfer Protocol (SMTP) for

message negotiation and transmission

See httpenwikipediaorgwikiSOAP for more information

Star topology A Star topology is one of the most common computer network

topologies In its simplest form a star topology consists of one central

switch hub or computer which acts as a conduit to transmit messages

between other nodes

See httpenwikipediaorgwikiStar_network for more information

Synchronous

call

In computer science a synchronous call is a form of input processing

that blocks other processing from taking place until the execution is

finished

X509 In cryptography X509 is an ITU-T standard for a public key

infrastructure (PKI) and Privilege Management Infrastructure (PMI)

X509 specifies amongst other things standard formats for public key

certificates certificate revocation lists attribute certificates and a

certification path validation algorithm

See httpenwikipediaorgwikiX509 for more information Table 1 ndash Terminology

End of LR-QTM-01-FR-REP-001

279 279

DS

-01

-15

-02

2-E

N-N

doi 102838711978

  • Revision History
  • Table of Contents
  • List of Figures
  • List of Tables
  • Executive summary
    • Context and scope
    • Business Analysis
      • State of Play
      • Way Forward
        • Architecture overview
          • Portal develops its own solution
          • Portal interconnects EULIS portal and Member State registers
          • Portal integrates and extends the EULIS platform
            • Handling Payments
              • 1 Part I Business Analysis Report
                • 11 Introduction
                  • 111 Background
                    • 1111 European e-Justice Portal
                    • 1112 Land registers in Europe ndash a fragmented picture
                      • 112 Study objectives
                      • 113 Understanding of lsquoLand Register interconnectionrsquo
                      • 114 Methodology and approach
                        • 1141 Desktop research
                        • 1142 Use of Questionnaires
                        • 1143 Visits and interviews
                        • 1144 Expert meeting
                        • 1145 Business analysis report
                            • 12 State of Play
                              • 121 Relevant Actors
                              • 122 Recent developments
                                • 1221 ELRN IMOLA and CROBECO projects
                                • 1222 EULIS LINE project
                                • 1223 INSPIRE Directive and related networks
                                  • 123 Land Data Specificities in EU Member States
                                    • 1231 National establishments for land data registration
                                    • 1232 On-line availability and level of digitisation
                                    • 1233 Land register and cadastre
                                    • 1234 Title vs Deeds
                                    • 1235 Data availability
                                    • 1236 Search capability
                                    • 1237 Language
                                    • 1238 Legal value of provided information
                                    • 1239 Registration and authentication process
                                    • 12310 Access constraints
                                    • 12311 Payment methods
                                    • 12312 Rules and procedures for data updating
                                    • 12313 Participation in a possible pilot project
                                        • 13 Business requirements
                                          • 131 Processing of data
                                          • 132 No digital information or off-line information only
                                          • 133 Data distribution
                                          • 134 Scope and format of data
                                          • 135 Land register data vs cadastre data
                                          • 136 User authentication
                                          • 137 Data protection
                                          • 138 Complement to provided information
                                          • 139 Translation
                                          • 1310 Payment system
                                          • 1311 System implementation
                                            • 14 The way forward
                                              • 141 Phase 1 of Land Registers Interconnection
                                                • 1411 Legal diversity
                                                • 1412 Linguistic diversity
                                                • 1413 Registration of Users (Phase 1)
                                                • 1414 Towards a common search form
                                                • 1415 Personal data protection
                                                • 1416 Legitimate interest
                                                • 1417 Paymentproof of payment
                                                • 1418 Receiving a response
                                                  • 14181 Providing a response
                                                  • 14182 Understanding the content
                                                  • 14183 Understanding the legal value and possible use of the response
                                                    • 1419 Land Registers Interconnection platform
                                                    • 14110 Implementation of a Phase 1 pilot system
                                                    • 14111 Land Registers Interconnection as a test platform
                                                      • 142 Phase 2 of Land Registers Interconnection
                                                      • 143 Functionalities summary ndash progressive implementation
                                                        • 1431 Phase 1 functionalities
                                                        • 1432 Phase 2 functionalities
                                                          • 144 Alternative improving the Portal information (national pages)
                                                              • 2 Part II Architecture Overview
                                                                • 21 Introduction
                                                                  • 211 Purpose
                                                                  • 212 Scope
                                                                  • 213 Intended Audience
                                                                  • 214 Overview of the document
                                                                    • 22 Information System Description
                                                                      • 221 Information System Position Statement
                                                                        • 23 Compliance
                                                                          • 231 Data Protection Compliance
                                                                            • 24 Architecture Overview
                                                                              • 241 Architectural Goals
                                                                              • 242 Architecture Decisions
                                                                                • 2421 Architecturally Significant Requirements
                                                                                • 2422 Architectural Constraints
                                                                                • 2423 General Findings and Recommendations
                                                                                  • 24231 Architectural Decision AD-001
                                                                                  • 24232 Architectural Decision AD-002
                                                                                  • 24233 Architectural Decision AD-003
                                                                                  • 24234 Architectural Decision AD-004
                                                                                  • 24235 Architectural Decision AD-005
                                                                                  • 24236 Architectural Decision AD-006
                                                                                  • 24237 Architectural Decision AD-007
                                                                                      • 243 Architecture Overviews
                                                                                        • 2431 Alternative 1 The European e-Justice Portal develops its own solution for interconnection
                                                                                          • 24311 Proposed solution overview for alternative 1
                                                                                          • 24312 Key concepts of alternative 1 proposed solution
                                                                                          • 24313 Implementation notes of alternative 1
                                                                                            • 2432 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                              • 24321 Proposed solution overview for alternative 2
                                                                                              • 24322 Key concepts of alternative 2 proposed solution
                                                                                                • 2433 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                  • 24331 EULIS lsquoas-isrsquo view
                                                                                                  • 24332 Proposed solution overview for alternative 3
                                                                                                  • 24333 Key concepts of alternative 3 proposed solution
                                                                                                    • 25 Work packages and effort estimation
                                                                                                      • 251 Alternative 1 the European e-Justice Portal develops its own solution for interconnection
                                                                                                        • 2511 Overview
                                                                                                        • 2512 Description
                                                                                                          • 252 Alternative 2 the European e-Justice Portal interconnects the EULIS portal and Member State registers
                                                                                                            • 2521 Overview
                                                                                                            • 2522 Description
                                                                                                              • 253 Alternative 3 the European e-Justice Portal integrates and extends the EULIS platform
                                                                                                                • 2531 Overview
                                                                                                                • 2532 Description
                                                                                                                    • 26 Implementation roadmap
                                                                                                                    • 27 Strengths and weaknesses of the alternatives
                                                                                                                    • 28 Performance and volumetric estimations
                                                                                                                    • 29 Re-usable architectural assets
                                                                                                                      • 3 Part III Proposals for handling payments
                                                                                                                        • 31 Introduction
                                                                                                                          • 311 Purpose
                                                                                                                          • 312 Scope
                                                                                                                          • 313 Intended Audience
                                                                                                                          • 314 Overview of the document
                                                                                                                            • 32 Introduction to payment systems
                                                                                                                              • 321 Definition of a payment system
                                                                                                                              • 322 Types of payment service providers
                                                                                                                                • 33 Payment solution overview
                                                                                                                                  • 331 Solution goals
                                                                                                                                  • 332 Key findings
                                                                                                                                  • 333 Significant solution requirements
                                                                                                                                    • 34 Proposed payment solutions
                                                                                                                                      • 341 Logical solution design
                                                                                                                                        • 3411 Design overview
                                                                                                                                        • 3412 Design significant concepts
                                                                                                                                          • 342 Physical payment solutions
                                                                                                                                            • 3421 Solution 1 Usage of existing payment systems
                                                                                                                                              • 34211 Description
                                                                                                                                              • 34212 Mapping to logical solution
                                                                                                                                                • 3422 Solution 2 Mutual-trust model
                                                                                                                                                  • 34221 Description
                                                                                                                                                  • 34222 Mapping to logical solution
                                                                                                                                                    • 3423 Solution 3 Central payment services provider
                                                                                                                                                      • 34231 Description
                                                                                                                                                      • 34232 Mapping to logical solution
                                                                                                                                                        • 3424 Strengths and weaknesses of the proposed solutions
                                                                                                                                                          • 4 Annexes
                                                                                                                                                            • 41 List of national land registers and their organisation
                                                                                                                                                            • 42 Title vs deed systems
                                                                                                                                                            • 43 Summary of data analysis
                                                                                                                                                            • 44 Detailed comparison tables
                                                                                                                                                              • 441 Parcel address and ID
                                                                                                                                                              • 442 Property coordinates and map
                                                                                                                                                              • 443 Owner
                                                                                                                                                              • 444 Known encumbrances
                                                                                                                                                              • 445 Purchase price
                                                                                                                                                                • 45 Language
                                                                                                                                                                • 46 Usage costs and payments methods per Member State
                                                                                                                                                                • 47 Overview of Member Statesrsquo memberships
                                                                                                                                                                • 48 Member States profiles
                                                                                                                                                                  • 481 AT
                                                                                                                                                                  • 482 BE
                                                                                                                                                                  • 483 BG
                                                                                                                                                                  • 484 CY
                                                                                                                                                                  • 485 CZ
                                                                                                                                                                  • 486 DE
                                                                                                                                                                  • 487 DK
                                                                                                                                                                  • 488 EE
                                                                                                                                                                  • 489 EL
                                                                                                                                                                  • 4810 ES
                                                                                                                                                                  • 4811 FI
                                                                                                                                                                  • 4812 FR
                                                                                                                                                                  • 4813 HR
                                                                                                                                                                  • 4814 HU
                                                                                                                                                                  • 4815 IE
                                                                                                                                                                  • 4816 IT
                                                                                                                                                                  • 4817 LT
                                                                                                                                                                  • 4818 LU
                                                                                                                                                                  • 4819 LV
                                                                                                                                                                  • 4820 MT
                                                                                                                                                                  • 4821 NL
                                                                                                                                                                  • 4822 PL
                                                                                                                                                                  • 4823 PT
                                                                                                                                                                  • 4824 RO
                                                                                                                                                                  • 4825 SE
                                                                                                                                                                  • 4826 SI
                                                                                                                                                                  • 4827 SK
                                                                                                                                                                  • 4828 UK
                                                                                                                                                                    • 48281 England and Wales
                                                                                                                                                                    • 48282 Scotland
                                                                                                                                                                    • 48283 Northern Ireland
                                                                                                                                                                        • 49 Interview Reports
                                                                                                                                                                          • 491 Interview with EULIS
                                                                                                                                                                          • 492 Interview with ELRA
                                                                                                                                                                          • 493 Interview with France
                                                                                                                                                                            • 4931 Overview of the LR situation in France
                                                                                                                                                                            • 4932 Situation in AlsaceMoselle
                                                                                                                                                                            • 4933 The processing of requests
                                                                                                                                                                            • 4934 List of national land registers and their organisation
                                                                                                                                                                            • 4935 Title vs deed systems
                                                                                                                                                                            • 4936 Land register data comparison tables
                                                                                                                                                                              • 49361 Parcel address and ID
                                                                                                                                                                              • 49362 Property coordinates and map
                                                                                                                                                                              • 49363 Owner
                                                                                                                                                                              • 49364 Known encumbrances
                                                                                                                                                                              • 49365 Purchase price
                                                                                                                                                                              • 49366 Language
                                                                                                                                                                              • 49367 Usage costs and payments methods per MS
                                                                                                                                                                                • 4937 Summary
                                                                                                                                                                                    • 410 Common Communication Protocol sample scenarios
                                                                                                                                                                                      • 4101 Sample scenarios
                                                                                                                                                                                      • 4102 Scenario I Professional capacity certification not required
                                                                                                                                                                                      • 4103 Scenario II Professional capacity certification required
                                                                                                                                                                                        • 411 Consolidated responses of Member States to questionnaire 3
                                                                                                                                                                                        • 412 Consolidated responses from questionnaire nr 3
                                                                                                                                                                                        • 413 Reference and applicable documents
                                                                                                                                                                                          • 4131 Business analysis report (Part I)
                                                                                                                                                                                            • 41311 Applicable documents
                                                                                                                                                                                            • 41312 Legal and political reference documents
                                                                                                                                                                                            • 41313 Land data reference documents
                                                                                                                                                                                            • 41314 Links
                                                                                                                                                                                              • 4131 Architecture overview and Proposals for handling payments (Part II and Part III)
                                                                                                                                                                                                • 414 Terminology
                                                                                                                                                                                                  • 4141 Business analysis report (Part I)
                                                                                                                                                                                                  • 4142 Architecture overview (Part II)
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