Notarial acts performed by videoconference

Decree-Law 126/2021, published on 23 December 2021, which establishes the temporary legal regime applicable to the performance, through videoconference, of authentic acts, terms of authentication of private documents and acknowledgements, will come into force on 4 April 2022 and will remain in force for two years.

Regarding the acts to be performed by registrars and registrar officers, only those related to the following acts are covered by this regime:

1. the special procedure of transmission, encumbrance and immediate registration of buildings in a single face-to-face service;
2. Proceedings for separation or divorce by mutual consent;
3. The process of certificate of heirs.

Regarding the acts to be performed by notaries, Portuguese consular agents, lawyers or solicitors, all acts within their power are covered, with the exception of:

1. wills and acts relating thereto;
2. acts concerning facts subject to land registration, which do not concern:

– legal facts determining the constitution, recognition, acquisition, modification or extinction of the rights of ownership, enjoyment, use and habitation, surface or servitude;

– legal facts determining the constitution or modification of horizontal property; promise of alienation or encumbrance of real property, if it has been granted enforceability against any third party, or the assignment of the contractual position arising from this fact; and

– mortgage, its assignment, modification or extinction, the assignment of the priority of the respective registration, and the assignment of income.

In the case of acts to be performed by registrars, registry officers, notaries, lawyers or solicitors, the regime only covers the practice of acts within national territory.

The intervenient will access the computer platform, made available by the Ministry of Justice, through a reserved area, for the sessions that require prior scheduling. Authentication will be done with a citizen card or mobile digital key (or other means of electronic identification issued in other Member States).

By Raquel de Matos Esteves.