Property2021-12-18T02:55:35+00:00

Purchasing, selling or mortgaging commercial, retail and industrial property is a core skill with Thomas Barry & Company.

Since our establishment in 1991, it is an area in which we have developed considerable experience and expertise. We have a proven track record of delivery. We deal with the legal angles and liaise with your other advisers (architects, engineers, financial advisers, estate agents, insurance brokers etc.).

Our commercial property expertise includes:

  • Investment sales and purchases
  • Property issues related to insolvency and corporate recovery
  • Legal issues concerning property asset management
  • Commercial leases and related landlord and tenant issues

Property Sales FAQ

Why should I use Thomas Barry & Company Solicitors?2021-12-17T20:13:17+00:00

Selling a property home is likely to be one of the biggest financial transactions that you will engage in.  The process can be complex.  it is essential that you get the best team working for you.

At Thomas Barry & Co Solicitor

  • We are a team of professional, highly experienced solicitors, with a track record of over 30 years in property conveyancing.
  • Our 5-star Client Testimonials speak for us.
  • Over 90% of our new business comes from referrals.

Our goal is to form long term relationships where our clients know they will get a solid, reliable and good value service from people they know are familiar with their circumstance and in their corner.

We aim to do this by providing a personal, friendly, client-focused approach and steering you confidently through every legal step of the transaction.  We pride ourselves on being accessible, responsive and contactable.  We take the time to understand your needs and will guide you through the process to ensure the transaction runs as smoothly as possible.

We have designed these FAQ’s to answer some of the more common questions.

Why Do I Need a Solicitor?2021-12-17T20:14:59+00:00

The solicitor, not anyone else (e.g. the estate agent), handles the legal aspects of the sale.  We deal with the purchaser’s solicitors title and contract investigations and the technical and drafting issues needed to steer the sale to closing.  Throughout the process we protect you, the vendor, from becoming responsible for obligations you cannot or should not undertake.  This is a very skilled and time intensive function requiring a high level of qualification and expertise.

Does it Matter If I am Located outside Dublin?2021-12-17T20:15:53+00:00

No.  We act for clients throughout Ireland and abroad.

How can you do that? Will I not have to call to your offices?2021-12-17T20:16:32+00:00

While we were going this way in any event our team has adapted through Covid and works very effectively from both remote locations and in-office.  As a result, while you are welcome to call and sometimes face to face is better, most (and, usually, every) things we can do remotely and conveniently over the phone, email, post or on Zoom calls.

When should I contact Thomas Barry & Company?2021-12-17T20:17:35+00:00

If you are selling, you should speak to your solicitor before you put your property on the market.

When will I need an in-depth consultation?2021-12-17T20:54:30+00:00

A major part of successful conveyancing is getting the right pieces into the right places at the right time.  Contrary to what a lot of people think, once we have given you an outline of the process, your first in depth consultation with us does not need to take place and will not be as productive as it should until:

  1. You have gone “sale agreed”.
  2. You have given us the documents requested in our Vendor checklist.
  3. We have reviewed your title documents.

This allows for a comprehensive overview with all the necessary information and documentation to hand.  Anything else means dealing with matters piecemeal and unnecessary duplication.

Can I speak to my Property Solicitor whenever I need to?2021-12-18T01:52:06+00:00

Contact details of the solicitor working directly on your case are provided to you and best efforts are always made to keep you informed of any updates and progress on your property sale as soon as is possible.  The nature of our business means we receive a high volume of emails and cannot always guarantee to turn replies around immediately, but any urgent items will always be addressed the client contacted within 24 hours.

Do you offer Fixed Fee Conveyancing?2021-12-18T01:52:40+00:00

Our pricing model is based on fixed fee pricing, for standard sales where no other complications arise.  Should an issue arise that requires additional effort to address, we will inform you at the outset of any resulting extra charge. Examples might include issues with planning permission, management fees, boundary maps etc.

How does a conveyancing transaction work?2021-12-17T20:52:36+00:00

The diagram below shows the five main stages in the Conveyancing Process for a typical residential sale.

How long will it take to sell my property?2021-12-17T20:55:27+00:00

This depends on several factors including whether you are involved in a chain transaction, whether you have your homework done (particularly whether you have supplied the documents and information requested in our Vendor checklist) and whether the Purchaser’s side has everything in order.  If these are in place the standard residential conveyance takes approximately 6-8 weeks after going “sale agreed”.

What documents do I need to provide in order to sell my property?2021-12-18T02:06:31+00:00

Vendor Documents Checklist

The checklist below sets out the documents required (in the majority of cases) to complete the sale of your property.  It is imperative you supply these to us as soon as possible so as to avoid delays in the conveyancing process and the sale of your property. Digitally scanned/photographs of documents sent by email are acceptable to get going but original hard copies should also be supplied.

  1. Authority to Thomas Barry & Co take up Title Deeds from Financial Institution – this is the document marked “Client Authority” and needs to be returned to us signed with any missing details filled in so we can access your title documents which is fundamental to starting the conveyancing process.
  2. Local Property Tax – The “Property History Details” page (specifically this page and not any other page from the website) is required for the sale. To obtain this for your property, go to https://lpt.revenue.ie/lpt-web/views/login.html?execution=e1s1, login and print in landscape format.  If you do not currently have a property id and need to request one, go to https://lpt.revenue.ie/lpt-web/views/login.html?execution=e1s1 and enter your PPSN at the bottom of the page.
  3. For properties owned between 2009 – 2013, an NPPR (Non Principal Private Residence) certificate of discharge OR exemption is To obtain yours, email your local authority with your NPPR Account Reference Code and property address to request a cert.  If you don’t know your Account Reference code, go to http:// https://www.nppr.ie/Login.aspx  and click on “Lost Account Ref” and follow the instructions on the site.
  4. A copy of your State Marriage/Civil Partnership Certificate/Divorce Decree/Death Certificate (as applicable). If you need to apply for one, go to: https://www2.hse.ie/services/births-deaths-and-marriages/get-certificates/get-an-irish-marriage-certificate-online.html
  5. BER certificate and advisory report for the property. It is compulsory (with some limited exceptions) to supply a BER Certificate and Report when selling a home.  See https://www.seai.ie/home-energy/building-energy-rating-ber/
  6. Planning documentation. Usually one of 1, 2 or 3 or 4 is required.
    1. No Developments since property acquired – declaration to be signed by you. If applicable Thomas Barry & Co will draft.
    2. Development exempt from planning e.g., small back extension/attic conversion – Declaration from Professional (Engineer/Architect) confirming that development is exempt from planning and in conformity with building regulation
    3. Development that required Planning Permission – Copy of Planning Permission and Professional’s Certificate of Compliance with Planning Permission and Building Regulations.
    4. Certificate from Professional setting out position e.g. that although planning permission was required it was not obtained and by virtue of the fact the development is in situ in excess of X years the local authority is precluded from issuing enforcement proceedings.
  7. ‘Know Your Client’ identification documentation.
  8. Terms of engagement signed. The Terms of Engagement document is attached to this email – please read, sign and return to us.  We need this in order to be able to proceed with the sale.
  9. If your property is part of a larger complex and has a Property Management Company overseeing it, please forward the name, address, phone no and email of same.
  10. If a Service Charge is paid on the property, please send an up to date Service Charge receipt
  11. Land Registry Compliant map (if applicable). Your property title documents are registered either in the Registry of Deeds, or in the Land Registry.  Where they are registered in the Registry of Deeds, a Land Registry Compliant Map is required.  To check, and also apply for a map where needed, go to https://www.landdirect.ie/.
  12. Location map with property in sale outlined in red to enable application be made for letter from local authority confirming roads and services are in charge. This is just a general map – http://maps.google.ie or other service can be used to obtain.
How do I get my LPT Certificate?2021-12-18T01:34:21+00:00

Guide to printing the correct Local Property Tax Property History Page

Step 1:

Visit the Local Property Tax section of the Revenue website here https://lpt.revenue.ie/lpt-web/views/login.html?execution=e1s1. It will take you to the following screen.

Log in using your PPSN, Property ID and Pin.

Step 2:

Once logged in you will come to the following page. Click the View Payment History page in the top right-hand corner.

Step 3:

Right click and print this page in landscape format. It must be this exact page. Do not download as a PDF.

Why is planning permission important when selling?2021-12-18T01:36:30+00:00

The planning status of a property is important for at least two reasons:

  1. If the property is not planning compliant a bank may not be prepared to lend on the security of it, and may affect a buyer’s ability to obtain final mortgage approval for it. This can affect your ability to sell the property in general.
  2. The local authority or a concerned citizen could bring enforcement action.
Is there a seven year rule?2021-12-18T01:41:53+00:00

If there is an unauthorised development the local authority usually has seven years from the date the work is completed to bring enforcement proceedings.

Unfortunately it does not end there.  While the local authority may be out of time to bring enforcement proceedings after seven years, an unauthorised development remains unauthorised and may have knock-on effects for the purchaser.  Please contact us to discuss this in more detail for your situation.

Where does the Contract Come In?2021-12-18T01:46:43+00:00

As a general rule, no legally binding agreement comes into existence until such time as a formal legal Contract has been signed.

We, the vendor’s solicitors will furnish the purchaser with the contracts for sale and supporting documentation.  The purchaser’s solicitor will review these and if satisfied with them and that the other prerequisites are in place (satisfactory survey, loan approval etc) will ask you to sign the contracts and for the buyer to pay the balance of the deposit (usually to bring it up to 10% of the purchase price).

 

Can I withdraw from my property transaction?2021-12-18T01:47:47+00:00

Provided contracts have not been signed you can normally withdraw.  After the contract is signed you generally cannot do so unless there is substantial default on the part of the seller or an event provided for in the contact arises e.g. some event on which the purchase was contingent does not happen.

What are pre-Contract Queries?2021-12-18T01:48:17+00:00

Pre-Contract queries are the set of questions asked by the purchaser’s solicitor once they receive and examine the and copy title documents sent to them by us.  When they have been answered satisfactorily, the contract will be ready to be signed.

What is the difference between Freehold and Leasehold?2021-12-18T01:49:04+00:00

Simplistically freehold ownership means that you own the land and house outright whereas owning the leasehold interest in a property means that you own just the building and not the land it is on and that your ownership is for a fixed number of years.

While there is a perception that freehold is better than leasehold a long leasehold is a perfectly good title.

What is “Sale Agreed”?2021-12-18T01:50:02+00:00

Sale agreed means that an offer has been made on your property and you, the seller, have accepted it.  This does not mean either party is legally bound to complete.  Legal enforceability comes at the Contract stage

At what point is the Property officially “Sold”?2021-12-18T01:50:32+00:00

Once contracts are exchanged a legally binding agreement arises and neither party can back out. Until that point either party may withdraw.

What is the difference between “Exchange” and “Completion”?2021-12-18T01:51:03+00:00

A completion date is the date on which you must vacate the sold property and new owners move. This is agreed and written into the contract.  When contracts are exchanged between buyer and seller, both at that point commit themselves unconditionally to the transaction.

Do I need to come to your offices in order to complete the sale?2021-12-18T01:51:30+00:00

Yes, at least one face to face meeting with all client is required to ensure all money laundering requirements are met. At this point all required original documentation including original identification documentation, up to date utility bills and evidence as to origin of funds must be provided before we can act on behalf of any clients. After this initial meeting we are typically able to operate over email, phone, Zoom and post.

Do I need to make a will because I have bought a house?2021-12-18T01:53:13+00:00

Making a will is a personal choice and there is no legal obligation for you to do so. We would usually advise it, however, and would be more than happy to work with you on creating yours.  You can view our initial will questionnaire here.

Property Purchases FAQ

Why should I use Thomas Barry & Company Solicitors?2021-12-18T02:10:58+00:00

Buying a home is likely to be one of the biggest financial transactions that you will engage in.  The process can be complex.  it is essential that you get the best team working for you.

At Thomas Barry & Co Solicitors

  • We are a team of professional, highly experienced solicitors, with a track record of over 30 years in property conveyancing.
  • Our 5-star Client Testimonials speak for us.
  • Over 90% of our new business comes from referrals.

Our goal is to form long term relationships where our clients know they will get a solid, reliable and good value service from people they know are familiar with their circumstance and in their corner.

We aim to do this by providing a personal, friendly, client-focused approach and steering you confidently through every legal step of the transaction.  We pride ourselves on being accessible, responsive and contactable.  We take the time to understand your needs and will guide you through the process to ensure the transaction runs as smoothly as possible.

We have designed the following FAQ’s to answer some of the more common questions.

Why do I need a Solicitor?2021-12-18T02:11:31+00:00

We ensure you obtain a “good marketable” title to the property in sale.  If you do not obtain a good marketable title you will not be able to re-sell the property and lenders will not allow drawdown of a mortgage.

What’s the big deal about “good marketable” title?2021-12-18T02:12:09+00:00

The day you buy is the day you sell. “Good marketable” title is the minimum required to meet the standard of good conveyancing practice and the rules set out by the Law Society of Ireland.  Without it you will have severe difficulty drawing down a  loan or reselling.

Does it Matter If I am Located outside Dublin?2021-12-18T02:12:34+00:00

No.  We act for clients throughout Ireland and abroad.

How can you do that? Will I not have to call to your offices?2021-12-18T02:13:01+00:00

While we were moving this way in any event our team has adapted through Covid and works very effectively from both remote locations and in-office.  As a result, while you are welcome to call and sometimes face to face is better, most (and, usually, every) things we can do remotely and conveniently over the phone, email, post or on Zoom calls.

When should I contact Thomas Barry & Company?2021-12-18T02:13:25+00:00

If you are buying you should make contact before making an offer.  That need be no mor than a phone call in which we will outline the general process and give you some “do’s “ and “don’t’s”.

When will I need an in-depth consultation?2021-12-18T02:14:02+00:00

A major part of successful conveyancing is getting the right pieces into the right places at the right time.  Contrary to what a lot of people think, once we have given you an outline of the process, your first in depth consultation with us does not need to take place and will not be as productive as it should until:

  1. You have gone “sale agreed”.
  2. You have received your survey report.
  3. Your final mortgage approval has issued.
  4. We have reviewed the contract and title and our queries have been answered satisfactorily.

This allows for a comprehensive overview with all the necessary information and documentation to hand.  Anything else means dealing with matters piecemeal and unnecessary duplication.

Can I speak to my property solicitor whenever I need to?2021-12-18T02:38:04+00:00

We will keep you informed of updates and progress.  The people working on your case are generally easily contactable.  Because the nature of our business means we receive a high volume of emails and other communications it would be impossible to  guarantee to turn replies around immediately but urgent items will always be addressed.

How does a conveyancing transaction work?2021-12-18T02:15:14+00:00

Once you find a property and go “sale agreed” a typical residential purchase can be broken down into six main stages as shown in the diagram below.

How long will it take?2021-12-18T02:15:46+00:00

This depends on several factors including whether you are involved in a chain transaction, how soon your loan is available and how ready the vendor is.  After you go “sale agreed” and pay the booking deposit to the estate agent, assuming the seller’s solicitor is ready to go, contracts should issue about 1-2 weeks later from the seller’s solicitor to us.  If you have your homework done such as survey completed and final mortgage approval in place and assuming the title is in order normally you can expect to get the keys in approximately 4-6 weeks.

What is “Sale Agreed”?2021-12-18T02:16:10+00:00

Sale agreed means that you have made an offer on a property and this has been accepted by the seller.  It does not mean either party is legally bound to complete.  Legal enforceability comes at the Contract stage

What is a booking deposit?2021-12-18T02:16:54+00:00

Once the price has been agreed the estate agent will ask for a booking deposit.  This is a sign of your commitment to the purchase and refundable if the transaction does not proceed.  It is important you do not pay over a booking deposit to an estate agent or any third party without a covering letter from us.  In that letter we will set out the conditions under which any booking deposit is paid and state any booking deposit furnished is to be held in trust for you until contracts are exchanged from which time the money can be held as stakeholder under the terms of the contract.  If you are asked for a booking deposit please contact us and we will issue the letter by email  immediately.

What information do I need to give to Thomas Barry & Company?2021-12-18T02:17:37+00:00

We will give you our Purchaser’s Questionnaire which we will need answered.  We will also need:

  • Property address and details of price, agent and booking deposit
  • Photographic evidence of your identity such as your passport or driving licence and a document with your permanent address, such as an electricity bill or bank statement sent within the last three months.
  • State marriage certificate if you are married or civil partnership registration certificate if you are in a civil partnership.
  • Separation agreement or judicial separation order if you are separated.
  • Divorce decree if you are divorced, or decree of dissolution of civil partnership if you were in a civil partnership that has been dissolved.
  • Your PPS number.
Why do I Need a survey?2021-12-18T02:18:05+00:00

When purchasing an existing property, the principle of “caveat emptor” (buyer beware) applies.   This means you purchase the property with notice of any existing faults, visible or hidden.  For this reason, we strongly recommend retaining your own surveyor (usually an engineer or architect) to carry out a detailed structural survey.

The position with new builds is better from a purchaser’s point of view than with second hand properties in that the purchaser will have contractual protections and also, usually, the benefit of new construction standards in the Building Control (Amendment) Regulation (S.I. 9 of 2014).  These however are subject to significant limitations and only go a certain way towards protecting the purchaser.  While some people opt not to engage a surveyor for a new build it remains prudent and it is our advice that you do so.

Will the bank’s survey not do?2021-12-18T02:18:31+00:00

Lenders will usually carry out a “survey”.  This is generally just a valuation, is not carried out for your benefit and will not suffice for the above purposes.

When should the survey be carried out?2021-12-18T02:19:01+00:00

We generally recommend that the survey is carried out after we have received the contracts from the solicitor for the seller. This is because the contracts will usually be accompanied by maps and planning documentation which will be of assistance to the surveyor.  If you wait until we have all of these together you may save time and money as otherwise your engineer may have to go to the property twice, once to survey the structure and again to check that the boundaries correspond with the title maps, etc.

Unfortunately, it frequently happens that purchasers find themselves under pressure to carry out an early structural survey even though neither the contract map nor planning documents are available due to delay on the seller’s side.  If that is the case you may have little choice but to go ahead and ask the surveyor to later finalise his mapping and planning checks.

Whose job is it to instruct the surveyor?2021-12-18T02:19:28+00:00

You retain and pay the surveyor directly.  It is entirely up to you who you instruct.  If you wish we can recommend someone.  While any such recommendations will be made in good faith we cannot take any responsibility if you are not happy with the manner in which the surveyor performs his or her role.

Please send us the survey report once you receive it.  Our concern with this will be on matters that relate to title only.  If any non-legal matters need to be addressed you will need to deal directly with the agent and if they result in any change to your agreement to purchase you should advise us.

What other inquiries could I carry out before contracts are signed?2021-12-18T02:19:58+00:00

For several reasons, including because a Purchaser is deemed to be on notice anything appearing on the planning register and it may be the case not all vendors are actually aware of a breach or non-compliance with planning legislation, before committing to contract, it is advisable to have a planning search carried out.  If requested we can engage professional searchers on your behalf.

Will I get the contents with the property?2021-12-18T02:20:24+00:00

Unless specifically agreed you will not get any of the contents.  The general rule is that fixtures go with a property whereas fittings do not.  Fixtures are generally items which are attached, or ‘fixed,’ to the property, while fittings are items which are not other than, for example, by a nail or a screw.

Why do I need to convert from mortgage “approval in principle” to final mortgage approval?2021-12-18T02:20:50+00:00

Approval in principle (“AIP”) is simply an indication of how much a bank thinks you can borrow.  It is not a legal document and does not entitle you to receive a mortgage loan for the AIP amount.  This stage is only reached when you receive a full final mortgage offer.  You cannot apply for this until you are able to tell the bank the specific property you intend to purchase.   As there can be considerable time lags once you go sale agreed you should immediately contact your bank to convert your AIP to full final mortgage offer.

Can I sign the contract before I have loan approval?2021-12-18T02:21:14+00:00

It is generally most inadvisable to commit to a legally binding contract without the formal final loan offer.

What are the most common causes of delay in the loan funds issuing?2021-12-18T02:28:54+00:00

Not having the mortgage protection policy in place is the most common.  Your bank will not release the loan funds until it has received the original policy.  This comes from the mortgage protection company.  Whatever their requirements are and this could include medical examination you will have to meet them so the sooner you move the better.  We will not be involved in that or any other non-legal aspect of the matter such as, for example, having to re-arrange a valuation after it has expired, satisfying the bank building cover is in place or putting in place direct debit mandates.

Do I need a mortgage protection policy?2021-12-18T02:29:41+00:00

If the property you are buying is to be your home, the Consumer Credit Act 1995 (with some exceptions) obliges you to take out mortgage protection cover.  If the property you are buying is for investment or holiday purposes mortgage protection cover may be optional.  This is a non-legal mater on which you should take appropriate advice.

Where does the contract come in?2021-12-18T02:21:45+00:00

As a general rule, no legally binding agreement comes into existence until such time as a formal legal Contract has been signed.

The vendor’s solicitors will furnish us with the contracts for sale and supporting documentation.  We will review these on your behalf.  If we are satisfied with them and that the other prerequisites are in place (satisfactory survey, loan approval etc) we will ask you to sign the contracts and pay the balance of the deposit (usually to bring it up to 10% of the purchase price).

Can I withdraw from my property transaction?2021-12-18T02:22:14+00:00

Provided contracts have not been signed you can normally withdraw.  After the contract is signed you generally cannot do so unless there is substantial default on the part of the seller or an event provided for in the contact arises e.g. some event on which the purchase was contingent does not happen.

What are pre-contract queries?2021-12-18T02:22:42+00:00

Pre-Contract queries are the set of questions we ask once we receive and examine the Contract and copy title documents.  When we are happy they have been answered satisfactorily we will ask you to sign the contract.

What is the difference between freehold and leasehold?2021-12-18T02:23:17+00:00

Simplistically freehold ownership means that you own the land and house outright whereas owning the leasehold interest in a property means that you own just the building and not the land it is on and that your ownership is for a fixed number of years.

While there is a perception that freehold is better than leasehold a long leasehold is a perfectly good title.

Why is planning permission important when buying?2021-12-18T02:25:07+00:00

The planning status of a property is important for at least three reasons:

  1. If the property is not planning compliant a bank may not be prepared to lend on the security of it.
  2. If the property is not planning compliant you may not be able to re-sell.
  3. The local authority or a concerned citizen could bring enforcement action.
Is there a seven-year rule?2021-12-18T02:25:45+00:00

If there is an unauthorised development the local authority usually has seven years from the date the work is completed to bring enforcement proceedings.

Unfortunately, it does not end there.  While the local authority may be out of time to bring enforcement proceedings after seven years, an unauthorised development remains unauthorised.  Unless retention permission for an unauthorised development is obtained the consequences can include:

  1. The owner will not be entitled to rely on any planning exemption. This could be particularly relevant if, for example, you want to build an extension which would not normally require permission.  If there is already an unauthorised development you will not be able to rely on this exemption.
  2. The local authority will be entitled to disregard any unauthorised development. If, for example, it is obliged to make any payment based on the value of the property they will be entitled to presume that any unauthorised development does not exist when calculating the value of the property.
  3. The local authority will be entitled to refuse to connect the property to any public services it is installing. For example, if the local authority is upgrading the water supply or sewage disposal services in the area the local authority will be entitled to refuse to connect the property to the upgraded service.
  4. If the property is partially or completed destroyed, (e.g. by fire or flood), the owner will not be entitled to rebuild any part of the property which did not have the benefit of planning permission before it was destroyed.
  5. It will be more difficult to get new planning permission. The planners may insist that retention permission is sought and obtained before they even entertain an application for permission for new development.
What is a BER certificate?2021-12-18T02:26:15+00:00

A Building Energy Rating (BER) certificate rates a home’s energy performance on a scale between A and G.  With some exceptions (e.g. period properties) a BER certificate is compulsory for all homes available for rent or sale.

A BER certificate is valid for up to 10 years, unless the owner makes changes that will impact on the dwelling’s energy performance – a new house extension or a new heating system for example.

What about buying an apartment or a property in a privately managed estate?2021-12-18T02:26:59+00:00

When you purchase a unit in a multi-unit development, usually you purchase both your individual property (almost invariably a long leasehold interest) and a share in a management company which owns the common areas. The management company is established for three key purposes – to be the legal owner of the freehold of the units in the development, to be the owner of the common areas and to manage and maintain the common areas.

How active and well run a management company is and is going to be clearly is of significant importance.  This is something you will have to check yourself and does not fall within our remit.  As part of our conveyancing work we will raise Law Society standard Requisitions on Title and seek what is known as a Multi-Unit Development (“MUD”) pack. This should contain salient information on the development.  We will pass what we receive to you.  It will be a matter for you to satisfy yourself as to the information contained.  It is beyond our brief to check or scrutinise it.

What do the solicitors do between contract and closing?2021-12-18T02:27:57+00:00

Solicitors are very busy between Contract and Closing.  Much of the work you will not see.  Among the matters we attend to are:

  • Preparing and negotiating the final form the transfer documentation, including the Deed, certificates and declarations, will take.
  • Corresponding with your lender including sending a professional undertaking to the lender to furnish the deeds, when they have been stamped and registered, and to certify the title as a good marketable.
  • Complying with the lender’s legal requirements to allow drawdown of funds
  • Obtaining proof of payment of property and household taxes.
  • Liaising with the seller’s solicitor and you to agree a closing date
  • Arranging for closing searches
What are searches?2021-12-18T02:30:09+00:00

Searches must be completed on both your behalf and on behalf of your bank to ensure that there are no legal burdens or mortgages affecting the title to the property or judgments registered against any individual with an interest in the property.

Should I do a final inspection?2021-12-18T02:30:42+00:00

You should arrange a final inspection of the property with the agent shortly before the closing to check the premises and its contents and to ensure the property is vacant and cleared out.

What happens on the day I get my keys?2021-12-18T02:31:10+00:00

We will transfer the balance of the purchase price to the seller’s solicitor.  On the closing day we will have professional law searchers carry out searches in various official registries to make sure the title is still “clean”.  Assuming these are clear we will notify you that the keys are available for collection from the office of the estate agent.  To allow time to make the searches closing usually occurs mid to late afternoon.  You should check with the agent in advance how many sets of keys and what keys (e.g. for internal doors) are available.

At what point is the property officially “mine”?2021-12-18T02:31:40+00:00

The property is yours once the sale closes.  We will still have to stamp and register the deed in the Property Registration Authority.

Who gets the deeds when the purchase has been completed?2021-12-18T02:32:08+00:00

Once stamping and registration has been completed the title documents will be sent to your bank who will hold them as security for the duration of the mortgage.

Who pays the estate agent’s fees?2021-12-18T02:32:44+00:00

The estate agent works for the seller exclusively and is paid by the seller.  You have no professional relationship with the estate agent.

What is stamp duty and how much will I have to pay?2021-12-18T02:33:18+00:00

Stamp duty is tax paid by buyers on purchasing property.  The current stamp duty rates on a transfer of residential property are:

1% on the first €1 million

2% on excess over €1 million.

There is a slight reduction for new builds.

What are Property Registration Authority fees?2021-12-18T02:35:36+00:00

The Property Registration Authority (PRA – previously the Land Registry or Registry of Deeds) is the State organisation responsible for the registration of property transactions in Ireland.  Registration fees are payable to the PRA to have ownership and other interests registered.  Usually the following charges apply:

  • Up to €50,000                                                                                                €400.00
  • €50,001 – €200,000                                                                                      €600.00
  • €200,001 – 400,000                                                                                     €700.00
  • €400,001 plus                                                                                                 €800.00
Other Land Registry Outlays2021-12-18T02:36:12+00:00

Deed of Charge (Mortgage)                                                                      €175.00

New copy Folio and File Plan                                                                    € 40.00

Who is responsible for the Local Property Tax?2021-12-18T02:36:56+00:00

The Local Property Tax (LPT) for the property must be paid up to the end of the current year in advance of the closing of the sale. There will be an apportionment of the LPT from the date of the closing of the sale up to the end of the year.  The purchaser will either pay to the seller the sum due from the date of the closing up to the 31st December of that year or be allowed the relevant amount if the seller has not already paid.

From the time your stamp duty is paid Revenue will be aware you are the new person responsible for LPT.

Do you offer Fixed Fee Conveyancing?2021-12-18T02:37:27+00:00

Yes.  We offer fixed fee pricing for transactions that follow the normal course.  In those unusual cases where there is a significant deviation from the normal course and substantial additional time and input is needed an extra charge will arise.

Do I need to make a will because I have bought a home?2021-12-18T02:38:31+00:00

Making a will is a personal choice.  While there is no legal obligation for you to do so we strongly recommend that you do and would be more than happy to work with you on creating yours.  You can view our initial will questionnaire here.

Feedback2021-12-18T02:38:59+00:00

We hope that you found these FAQ’s helpful.  If you have a question which is not answered or if any of the answers we have given is unclear we would love to get your feedback, positive or negative.

Please contact us by telephone at 01-6773434 or by email to info@thomasbary.ie.

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