A NEW consumer guide has identified issues relating to documentation, planning and taxes as among the prime causes of delays when buying and selling a property in Ireland.
The guide, which is primarily aimed at sellers, but will also be of interest to buyers, has been published by the Society of Chartered Surveyors Ireland and the Law Society of Ireland with the aim of speeding up property sales.
It sets out in detail the steps anyone selling a property needs to take, the questions they need to ask, who they need to contact as well as how long it usually takes and
costs.
Majella Galvin, chair of the Society of Chartered Surveyors Ireland, Southern region, says that while the average timeframe to complete a sale is over four months, for a significant number of sales there can be considerable delays.
‘Many people don’t realise the volume of documentation around key issues which needs to be gathered to complete a property sale. One key document is the property’s title deeds, which is often held by a bank or other lender, but others include copies of marriage or civil partnership certificates and land registry and mapping documents,’ said Galvin.
‘Additional information and documentation may be required if third parties have rights over a property such as a right of residence or right of way or if there have been boundary issues or disputes with a neighbour,’ she continued.
Compliance with, or exemptions from, planning permission and/or building regulations is an area that sees an increasing number of holdups. For example, if a building extension has been added on, copies of planning permissions and evidence of compliance with that permission and with building regulations will be required.
‘If the extension was below the size threshold to require planning permission a certificate of exemption will be needed. A valid Building Energy Rating (BER) certificate and BER advisory report are legally required if you are selling a property. So, the sooner you engage your professional team the sooner you can begin gathering the relevant documents,’ Ms Galvin said.
Both organisations are advising anyone who is contemplating selling a property to read Speed up your property sale – a guide to avoiding the most common delays.
Mark Garrett, director general of the Law Society said that for most people buying or selling a house is the biggest transaction they will be involved in. ‘However, the process they have to deal with is antiquated, overly complex and can involve up to 15 interdependent parties as well as dozens of documents. A delay at any point can have a knock-on effect on the process and lead to significant delays, which can in turn negatively impact the Irish housing market,’ he said.
In many cases, selling a house in Ireland takes far too long, according to Mr Garrett, and the Law Society has long called for systemic reform of the conveyancing system.
The guide has been designed to support people to understand the complexity of the current process.
The seven deadly delays in selling (and buying) a property, according to the guide involves gathering the appropriate documentation and instructing the solicitor and estate agent; obtaining the title deeds; confirming responsibility of lane maintenance and water services; ensuring compliance with planning permissions; taxes are up to date; issues with probate; and having finance in place to complete the sale.
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