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Conveyancing in Ireland: the steps to buying a house
Conveyancing is the legal work involved in transferring ownership of property. When you buy a home in Ireland, your solicitor's job is to make sure you get good title to what you are paying for, that the contract protects you, and that the sale is properly closed and registered. Here is what happens, in order.
General information, not legal advice. This guide explains the law in Ireland in general terms. It cannot take account of your circumstances. For advice on your own situation, consult a solicitor.
Before you make an offer
Know your budget and get approval in principle
Mortgage lending in Ireland is limited by Central Bank rules on loan-to-value and loan-to-income. Most buyers get approval in principle from a lender before house-hunting, so they know how much they can spend. Approval in principle is not a loan offer: you will need full approval for the specific property before you sign the contract.
Your budget also has to cover legal fees, a survey, insurance, stamp duty, and registration fees. Citizens Information has a useful overview of the costs of buying a home. First-time buyers may qualify for the Help to Buy scheme, which can contribute up to €30,000 towards the deposit on a new home.
Choose a solicitor early
It helps to have a solicitor lined up before you go sale agreed, because things move quickly once an offer is accepted. Conveyancing fees vary, so it is reasonable to ask several firms for a written quote that lists outlays (search fees, registration fees and so on) separately. The Law Society of Ireland's website lists solicitors' firms around the country. Your lender will also need to be satisfied with your solicitor, since the solicitor gives an undertaking to the lender to register its mortgage.
Sale agreed and the booking deposit
Most homes are sold by private treaty through an estate agent. When your offer is accepted, the agent usually asks for a booking deposit. This deposit is refundable until the contract is signed. Until then, the sale is "subject to contract" and either side can still withdraw. Estate agents act for the seller, not the buyer; they are regulated by the Property Services Regulatory Authority (PSRA), which also publishes the Residential Property Price Register of sale prices.
Buying at public auction is different: the successful bidder signs the contract and pays the deposit on the day, so all the legal and survey checks below have to be done before the auction.
Contracts and the investigation of title
The seller's solicitor sends your solicitor the draft contract for sale and copies of the title documents. Your solicitor then checks, among other things:
- that the seller actually owns the property and can sell it;
- whether the title is registered in the Land Registry or recorded in the Registry of Deeds (both run by Tailte Éireann);
- the boundaries on the map against what you saw on the ground;
- rights of way, easements and any covenants affecting the property;
- planning permission and building regulation compliance for the house and any extensions;
- for apartments and some estates, the management company and service charges;
- the special conditions in the contract, such as the closing date and what is included in the sale.
Your solicitor will explain any problems found, and many can be resolved before you sign.
Survey and insurance
A seller is not obliged to tell you about defects. A survey by a qualified surveyor, for example a member of the Society of Chartered Surveyors Ireland, can reveal problems such as a failing roof, damp or structural issues, which may lead you to renegotiate or withdraw. Every home for sale must also have a Building Energy Rating (BER), and it is worth checking the radon risk map for the area.
Your lender will require home insurance and, usually, mortgage protection insurance before it releases funds. Arrange these in good time and compare quotes.
Signing the contract
Once your solicitor is satisfied with the title, you have full loan approval and the survey is acceptable, you sign the contract and pay the balance of the deposit (typically 10% of the price, less the booking deposit already paid). The seller then signs and the contract becomes binding on both sides. If you pull out after this point, you are likely to lose your deposit and could face further claims. If you sign without full mortgage approval and the loan falls through, the same applies.
Requisitions on title and the deed
Between contract and closing, your solicitor sends the seller's solicitor a standard set of questions called requisitions on title, covering matters such as outstanding charges, fixtures and fittings, local property tax and planning. Your solicitor also carries out searches, for example to check for judgments or bankruptcy against the seller and that there are no unexpected burdens on the title.
When the replies are satisfactory, your solicitor drafts the deed of transfer (or deed of conveyance for unregistered land), which the seller's solicitor approves.
Closing
Your solicitor asks your lender to release the loan cheque or funds. On the closing date, the balance of the price is paid to the seller's solicitor, the seller's mortgage is paid off, and the signed deed, title documents and keys are handed over. At that point you own the property.
Stamp duty
Your solicitor calculates and collects the stamp duty before closing and files the return with Revenue. Residential stamp duty is charged on the price as follows (for purchases of fewer than ten homes in a year):
| Property value | Rate |
|---|---|
| Up to €1 million | 1% |
| Between €1 million and €1.5 million | 2% |
| Over €1.5 million | 6% |
Each rate applies only to the part of the price within that band. Without stamp duty being paid, the deed cannot be registered. Current rates and reliefs are on revenue.ie.
Registration
After closing, your solicitor registers your ownership, and your lender's mortgage, with Tailte Éireann. Registration can take months, but you are the owner from closing, and a delay in registration does not stop you living in or later selling the property.
Selling a house
When you sell, the process runs in reverse: your solicitor gathers the title documents, prepares the contract and answers the buyer's requisitions. Having planning documents, certificates of compliance for any extensions, and your BER ready early saves time. If you are selling property from a deceased relative's estate, the grant of probate must normally be in place first; the probate guide explains how long that may take.
Frequently asked questions
How long does conveyancing take in Ireland?
It varies with the property and the chain. Straightforward sales can close within a few months of sale agreed, but title problems, planning queries or mortgage delays can extend this.
Is the booking deposit refundable in Ireland?
Yes. A booking deposit paid to an estate agent is refundable until the contract for sale is signed.
What is the stamp duty rate on a house in Ireland?
1% on the price up to €1 million, 2% on the part between €1 million and €1.5 million, and 6% above €1.5 million, for buyers of fewer than ten homes in a year.
When do I become the owner of the property?
On closing, when the balance is paid and the deed is handed over. Registration with Tailte Éireann follows, and can take some months.