Legal Steps To Selling
Moving home is such an exciting time and there is no denying that you will probably want to get out of your old house as soon as possible, but what the majority of people aren’t aware of is that there is a lot of legal work required before a sale can go through in Ireland. This is the part of the process that often takes the most time and it is easy for sellers to get impatient.
Understanding the legal steps a solicitor takes when you’re selling a property in Ireland is really beneficial. These days there is a long list of documents that are required before your solicitor can prepare your contracts and it can take a while for them to be sourced. Being aware of what these legal documents are and how long they can take to prepare will help you to understand what is actually happening behind closed doors. Keep reading today to find out more about this documentation.
Title deeds are paper documents showing the chain of ownership for both land and property. If you have a mortgage on the property you’re selling then these deeds will have been retained by your lender and will probably be physically stored off-site in safe storage somewhere.
It can sometimes take up to 5 weeks for your solicitor to get your Title Deeds from the bank and, until they have them they won’t know for certain which other documents they will need.
This documentation is really important. To sell your property, you need to be able to prove that the house was built in compliance with planning permission and the Building Regulations. To prove this you should have a certificate from a qualified architect or engineer. You will also need certification for any extensions, loft conversions, for example, that you have built since.
Building Energy Rating (BER) certificate
This is now a mandatory certificate and it is illegal to put your house up for sale without a BER certificate. Depending on when you purchased the house you’re selling, there may be an up-to-date BER certificate with your Title Deeds, but if there isn’t then you will need to purchase a new one as soon as possible.
Non Principal Private Residence (NPPR) certificate
The NPPR tax was an annual tax paid to local authorities in respect of properties which weren’t the main family home (principal private residence) of the owner. When selling a house, the purchaser will want to know that there is no outstanding NPPR tax before the sale is completed.
The only acceptable proof regarding the NPPR situation is a certificate from the Local Authority. If there isn’t this certificate in your Title Deeds then you will need to apply for this and this can be a really lengthy process.
New Title Map
This is another individual document that is required in order to complete the contracts. Depending on where the title to your home is registered, your title map may be easy to get hold of. If your house is registered with the Land Registry then a map can be purchased and will arrive in a few days. However, if your title is registered with the Registry of Deeds then you need to hire an architect, engineer or mapping expert to prepare a Land Registry compliant map.
In order to comply with the Family Home Protection Act 1976 and other Family Law Acts your solicitor must prepare a declaration with relevant documentation vouching for your marital status. This may require a copy of your marriage certificates, civil partnership registrations, Death certificate of spouses and Divorce or Separation papers.
Irish PPS Tax Number
These days, you aren’t able to sell a property in Ireland without an Irish PPS tax number. Even if you have bought an Irish property in the past when this wasn’t required, you may now need a PPS tax number. This can take up to 8 weeks to come through.
Legal Fees For Selling A Property
Legal fees typically range from €1,200 – €2,500 excluding various taxes and outlays. Mortgages.ie have a good online legal fess calculator that will give you an approximate based on the value of your property while here are a list of the outlays and approximate others costs.
- Land Registry Fees to register the title, €700
- Land Registry Fees to register a mortgage, €175
- Searches, €70
- Courier/Registered post for title deeds: €30
- Commissioners Fees, €40
We are happy to recommend a couple of excellent firms we have dealt with in recent times, they are both cost effective, diligent and efficient. Email [email protected] and we’ll reply with contact details.
Selling your property
It is clear to see why it can take a while for your solicitor to prepare your contacts when you sell a house in Dublin. Due to the amount of documentation required it isn’t uncommon for people to instruct solicitors even before they have a buyer. This way, your solicitor may be in a position to issue contracts as soon as a buyer has been found. In fact we, urge you to appoint a solicitor even before listing your property for sale.
If you want to sell a property in Ireland and you are looking for the best estate agents in Dublin to assist you, visit the Moovingo website today. When choosing Moovingo, you will get the expertise of a dedicated licensed agent to guide you through the whole sale, so if you have any questions at all or you would like some advice on selling your house, please don’t hesitate to get in touch.