Land Registry application - telematic transmission

With the submission of the plat application, the plat procedure is initiated. Within the framework of the tavolare procedure, which is not administrative but judicial in nature, the tavolare judge exercises control over the validity and efficacy of the deeds on the basis of which a specific registration is requested. The procedure in tavolari affairs is governed by the rules contained in chapter III of the Tavolare Law (annex to Royal Decree no. 499 of 28 March 1929), by Regional Law no. 4 of 14 August 1999, the computerisation law, and by the relevant implementing regulation approved by Presidential Decree no. 6/L of 19.04.2007.

Subject to the exceptions established by the law, the tavolare procedure begins following the submission of a written application addressed to the territorially competent tavolare judge, i.e. the judge in whose district the property to which the application refers is located.

As from 6 April 2020, pursuant to Resolution of the Provincial Council no. 339 of 13 March 2020 and the consequent Determination of the Director of the Land Registry Service no. 2 of 26 March 2020, the only method for transmitting the application for registration is online. Any paper plat applications, submitted either by hand or by postal service, that reach the Offices will not be journaled.

The interested party may independently prepare the application and send it electronically. The electronic submission is made through the Openkat portal www.openkat.tn.it.

The application must contain
- the indication of the judge to whom it is addressed
- the name, surname, date, place of birth and tax code, if a natural person, the name or company name and VAT number, if a legal person, of the applicant
- the references of the titles on the basis of which registration is requested
- the cadastral data of the property (cadastral municipality, cadastral lot and parcels)
- the content of the registration requested
- the name, surname and residence of the persons on whom the decree is to be served
- the applicant's signature; authentication of the signature is not required

The documents on the basis of which the registration is requested must be attached to the application, in compliance with the requirements established by the Tavolare Law (art. 26 and 27, art. 31 et seq.)

In order to be able to complete and submit a land registry application electronically, it is necessary to obtain access to the Openkat portal by signing the 'F' agreement, which is free of subscription fees (contact the operator at openkat@provincia.tn.it). Following the signing of the agreement, the Openkat operator provides the user with a username and password to access the portal.

The Tavolare application may be filed by anyone who has an interest in obtaining an entry in the Master's Register aimed at the acquisition, modification or extinction of a real property right.

Entitled to submit the application are those who have a legitimate interest or who are obliged by law to promote it (art. 76 of the Tavolare Law - Annex to Royal Decree 499 of 28 March 1929).

The plat application is completed and sent from the Openkat portal, which the party accesses after signing the authorisation agreement for telematic connection. A specific agreement (type "F") is available to users, free of charge (therefore free of charge) and exclusively aimed at accessing the Openkat portal for the telematic submission of tavolar applications. The agreement is concluded after contacting the Openkat operator at openkat@provincia.tn.it.

The technical requisite for sending the electronic submission of tavolari requests is the possession of a qualified signature - FEQ - i.e. a digital signature that is affixed on the electronic envelope by the person with the relevant signature powers (the so-called "declarant subject"). It is therefore necessary to have a Cades digital signature (p7m format).

The documents on the basis of which registration is sought must be attached to the application.

Articles 31 and 34 of the Tavolare Law identify the appropriate titles for registration:
- public deeds and authenticated private deeds
- judicial authority orders
- administrative authority orders.

All of the aforementioned titles in support of the plat application must be uploaded in the "Attachments" section of the "Preparing the plat application" section on the Openkat portal. The titles must be in digital format (pdf - or xml if it is a tangible partition plan) and must always be produced as an original (or computer duplicate) or as a certified copy. The attachment must therefore always be countersigned with a Cades or Pades digital signature.