Buying or Selling Property in Ireland: A Conveyancing Guide
Conveyancing is the legal transfer of property. A sale or purchase has five main stages: preparation, contract, post-contract work, closing and registration. Early preparation is particularly important where a sale funds another purchase in a property chain.
Before contracts: sellers
Appoint an estate agent and solicitor as soon as you decide to sell. Your solicitor will need the title deeds. If a lender holds them, provide authority and the mortgage reference so they can be requested; release may take several weeks. The solicitor undertakes to protect the lender and repay secured loans from the sale proceeds.
Other documents depend on the property. Apartments and houses in managed estates require management-company information. A one-off house may require all planning permissions and certificates of compliance with planning and Building Regulations for works carried out.
Before contracts: buyers
Put funding in place early. A lender normally requires identification, payslips and evidence of savings before issuing a loan offer and loan pack to your solicitor.
Your solicitor checks that the property has good marketable title and is not affected by significant defects, disputes or claims. This can be assessed only after the seller's contracts, title documents and supporting information arrive.
Arrange a survey promptly for a second-hand property, usually after loan approval and receipt of contracts. When satisfied, your solicitor returns the signed loan offer and undertakes to complete the legal work, register ownership and register the mortgage.
Signing contracts
The contract records the price, closing date and agreed conditions. The buyer signs first and sends the contract and balance deposit to the seller's solicitor. The seller then signs and returns one part. Only then is the agreement binding.
The buyer normally pays a 10% contract deposit, less the booking deposit already paid to the estate agent or auctioneer. Ensure the balance is available. Closing often follows three to four weeks later unless the contract provides otherwise.
After contracts and closing
The seller's solicitor prepares the documents transferring ownership and arranges for the seller to sign them. They obtain the mortgage redemption figure, discharge the loan from the sale proceeds and require proof that Local Property Tax is fully paid.
The buyer's solicitor draws down the loan when ready to close. Interest and repayments begin once funds issue under the loan agreement. Closing searches are carried out against the seller and property.
On the closing date, funds are exchanged for the signed documents. When the buyer's solicitor confirms completion, the estate agent releases the keys.
After closing
The buyer's solicitor files the transfer with Revenue, pays stamp duty and registers the buyer's ownership and any mortgage with Tailte Éireann. Once registration is complete, mortgaged title deeds are normally held by the lender until repayment or a later sale.
The seller's solicitor pays off the existing loan, removes the registered mortgage from the title and provides evidence of discharge. A property may also be sold on an owner's behalf by a personal representative, attorney or receiver.
Finding and assessing a property
Properties are usually advertised through property websites, auctioneers and estate agents. The Residential Property Price Register records Irish residential sales since 1 January 2010 and can help compare local sale prices. The Law Society and Society of Chartered Surveyors Ireland also published a home-selling guide in 2024 containing useful information for buyers.
BER: most homes for sale require a Building Energy Rating certificate
Radon: check the EPA High Radon Area map; only a test establishes the level in a particular home. Ask for any test report and details of remediation
Flooding: consult the Office of Public Works flood-map database
Alterations: note extensions or works that may have required planning permission, Building Regulations compliance or another approval
Timescales and common delays
Sale agreed to closing commonly takes 10 to 20 weeks, depending on title, probate, finance and property issues. Mortgage approval and property searches before an offer may take days or months. Following the 2024 Conveyancing and Probate Expert Review Group report, a national eight-week completion target is being implemented.
Title deeds: if the seller's solicitor does not have them, obtaining them from a lender may add four to eight weeks
Roads and services: establish who maintains roads, lanes, water and sewage and confirm access rights, particularly for rural property. A local authority may provide taking-in-charge confirmation
Planning and Building Regulations: compliance may need to be shown back to 1964. Contracts should include permissions and relevant opinions or certificates. Unauthorised work may require retention permission; exempt work may still require Building Regulations certification
Qualification on title: a lender must approve any disclosed title qualification before the buyer signs contracts
Boundaries: check deed maps, fences, rights of way and wayleaves; the SCSI boundary checklist is a useful guide
Property taxes: Local Property Tax and any Household Charge must be cleared before sale
Probate: establish early whether the sale depends on a Grant of Probate and whether the application has been lodged
Finance: the buyer needs sufficient completion funds; the seller needs an up-to-date mortgage redemption figure
Survey issues: a buyer may renegotiate, request repairs or withdraw if a pre-purchase survey reveals unexpected defects
After the home is selected and the booking deposit arranged, the estate agent sends a Sale Advice Notice (SAN) to the solicitors and the formal conveyancing process begins.
The material contained in this article is for general guidance only and does not constitute legal or other professional advice. You should seek legal advice from your own Solicitor. Every effort has been made to ensure the accuracy of the content and no liability whatsoever is accepted by Murphy Rice & Co for any action taken in reliance on any information in this article. 