Selling a property in Ireland involves more legal work than most vendors expect, and significantly more than simply accepting an offer and handing over the keys. From assembling your title documents to drafting a contract for sale, dealing with requisitions from the buyer’s solicitor, resolving any issues that surface during the process and managing a smooth closing, your solicitor is at the centre of every stage of the transaction.
At Mannion Solicitors, we have acted for vendors of houses and apartments across Dublin and Ireland for over forty years, and our clients’ reviews speak to the quality of support we provide on the seller’s side of the transaction. This guide explains the full solicitor’s role in an Irish property sale, from the moment you instruct us to the day the sale closes.
Before You Go Sale Agreed: What to Prepare
The most common cause of delay in Irish property sales is a vendor who is not legally ready when they go “sale agreed”. While your estate agent is finding a buyer, your solicitor should already be working to assemble everything needed to put a contract for sale in front of that buyer within the shortest possible time.
The starting point is your title documents. Your solicitor will need to review the title to the property to confirm that you have a good and marketable title, that is, that you are the lawful owner of the property, that the ownership is clear and unencumbered, and that there is nothing on the title that could prevent or delay the sale. In registered land, this involves obtaining an up-to-date copy of the Land Registry Folio and Map. In unregistered land, which is less common but still encountered, it involves reviewing the original title deeds.
If you have a mortgage on the property, your solicitor will contact your lender early in the process to obtain a redemption figure, the amount required to pay off the mortgage in full at closing, and to request the release of any deeds held by the lender. Most lenders in Ireland now hold deeds electronically, but this process still takes time, and leaving it until the last moment creates avoidable delays.
You will also need to provide your solicitor with evidence of your PPSN, proof of address, and photo ID as part of the Anti-Money Laundering (AML) checks that every Irish solicitor is required to carry out before acting in a property transaction. Having these ready when you instruct your solicitor removes a potential early bottleneck.
If there have been any structural alterations, extensions or changes of use to the property since it was built, your solicitor will need to confirm that planning permission was obtained, that the works were carried out in compliance with that permission, and that an appropriate certificate of compliance is available. This is one of the most common areas where issues arise in property sales and it is far better to identify and resolve them early than to face a buyer’s solicitor raising them during the conveyancing process.
Drafting the Contract for Sale
Once the title is confirmed as good and the necessary documents are assembled, your solicitor will draft a contract for sale. This is the legal document that binds both parties to the transaction. It sets out the agreed purchase price, the closing date, the title being sold, and any fixtures and fittings included in or excluded from the sale. It will also incorporate a set of General Conditions of Sale, the standard conditions that govern property transactions in Ireland, along with any Special Conditions specific to your transaction.
The contract is accompanied by a package of documents that the buyer’s solicitor will review, including a copy of the title, copies of planning permissions and compliance certificates, a copy of the Building Energy Rating (BER) certificate for the property, management company documents if the property is an apartment or managed development, and any other title or planning documents relevant to the property.
Special Conditions are worth understanding. These are additions to the standard conditions that deal with specific aspects of your transaction. They might include conditions relating to the timing of closing, the treatment of a deposit already paid, or the allocation of responsibility for particular matters. Your solicitor will draft these to protect your interests as the vendor and will advise you on anything in the contract that requires your attention or approval.
Once the contract is signed by both parties and the deposit is paid, typically 10% of the purchase price, the sale becomes legally binding.
Responding to Requisitions on Title
Once the buyer’s solicitor has reviewed the contract and title documents, they will raise Requisitions on Title, a formal set of questions about the property’s history, ownership, compliance and other matters that must be answered in writing by the vendor’s solicitor.
Requisitions cover areas such as whether there are any rights of way, easements or covenants affecting the property; whether there are any disputes with neighbours; whether all planning permissions and building regulations certificates are in order; whether there are any charges or mortgages on the title that need to be discharged; and a range of other matters relating to the property and the transaction.
Some requisitions are straightforward to answer from the documentation already assembled. Others require additional information or documentation from the vendor, from the relevant local authority, or from the Land Registry. If a requisition uncovers an issue, a planning irregularity, a boundary dispute, or a charge that has not been properly released, it needs to be resolved before the sale can proceed to closing. This is one of the most common sources of delay in property transactions.
Common Issues That Delay a Property Sale
Understanding the most frequent causes of delay helps vendors prepare in advance and minimise the risk of their transaction being held up.
Title defects are perhaps the most significant. These include gaps in the chain of ownership, errors in the Land Registry Folio, boundary discrepancies between the Folio Map and the physical property, and access rights that have not been formally documented. Some title defects can be resolved relatively quickly; others require applications to the Land Registry, legal agreements with neighbours, or in some cases, applications to court. Identifying them early is crucial.
Planning irregularities arise when works have been carried out on the property without planning permission, or where permitted works were not completed in compliance with the permission granted. Retrospective planning applications are sometimes required, or in other cases, a certificate of exemption from planning permission. Again, the earlier these are identified, the less disruptive they are to the sale.
Charges on title, mortgages, judgments, or other financial charges registered against the property must be discharged before or at closing. A judgment mortgage against a vendor can surface unexpectedly and requires steps to have it vacated before the property can transfer with clear title.
Management company complications in apartments or managed developments can also cause delays, particularly where service charge arrears exist, where the management company’s own legal documentation is not in order, or where the property has not been properly registered with the management company.
Local Property Tax (LPT) must be fully paid and the property must be compliant before a conveyancing transaction can close. Vendors should ensure LPT is up to date before going sale agreed.
What Happens at Closing
Closing day is the moment the transaction is completed. Your solicitor and the buyer’s solicitor agree on a closing date in advance and coordinate the necessary steps to ensure it happens as planned.
On closing, the buyer’s solicitor transfers the purchase funds, including the 10% deposit already paid and the balance of the purchase price, electronically to your solicitor’s client account. Simultaneously, your solicitor transfers the title documents and executed deed of transfer to the buyer’s solicitor, and you or your estate agent hands over the keys.
Once funds are received, your solicitor uses them to redeem your mortgage, paying the outstanding balance directly to your lender, and to discharge any other charges on the title. After deducting the solicitor’s fees, stamp duty, and any other disbursements, the balance of the sale proceeds is released to you. Your lender will then discharge their mortgage from the Land Registry, a process that typically takes some weeks after closing.
A Note on Capital Gains Tax
If the property you are selling is not your principal private residence, for example, if it is an investment property, a buy-to-let, or a property you inherited, Capital Gains Tax (CGT) may be payable on any profit you make on the sale. CGT in Ireland is currently charged at 33% on the chargeable gain.
This is a tax matter rather than a strictly legal conveyancing matter, and Mannion Solicitors will remind you of this obligation if it arises in the context of your sale. However, CGT computation and advice should be discussed with your accountant or tax adviser, and it is advisable to get that advice early rather than discovering a liability at closing.
Where CGT is payable, the filing and payment dates differ depending on when in the year the sale closes, and missing a payment date can result in interest and penalties. Your adviser can confirm the applicable deadlines based on your closing date.
The Costs of Selling: What to Expect
Vendors sometimes focus primarily on the estate agent’s fee, which is typically between 1% and 2% of the sale price, but the solicitor’s conveyancing fee is a separate and equally important cost to budget for.
Solicitor’s fees for vendor conveyancing in Ireland vary depending on the complexity of the transaction, the nature of the title, and the firm involved. Mannion Solicitors provides clear, competitive fee structures for vendor conveyancing, and our fees are confirmed in writing at the outset of every transaction so that there are no surprises.
In addition to the solicitor’s fee, vendors typically pay for obtaining copies of the Land Registry Folio and Map, any Land Registry registration fees that arise in connection with the transaction, a new BER certificate if the existing one has expired, and any costs associated with resolving title or planning issues that arise during the process.
Why the Vendor's Solicitor Matters
FAQs: Selling Your Home in Ireland
What does a vendor solicitor do in an Irish property sale?
How long does conveyancing take in Ireland when selling?
What is a Requisition on Title?
What happens to my mortgage when I sell?
Do I need to pay Capital Gains Tax when I sell my home?
If the property is your principal private residence and you have lived in it throughout your ownership, your sale is typically exempt from Capital Gains Tax under the principal private residence relief. If the property is not your main home, for example, it is an investment property or a property you inherited, CGT at 33% may apply to the chargeable gain. Seek advice from your accountant or tax adviser on your specific position.
What is the Local Property Tax (LPT) requirement when selling?
Conclusion
Selling your home in Ireland involves a great deal more than most vendors initially appreciate, and the quality of your legal representation directly affects how smoothly and quickly the process runs. A solicitor who is thorough, responsive and experienced in vendor conveyancing is not a luxury, they are what stands between a clean, timely sale and a transaction derailed by avoidable issues.
Mannion Solicitors has been acting for property vendors in Dundrum and across Dublin since 1981, and we are a 2023 Irish Law Awards finalist for Dublin Property Law Firm of the Year. If you are preparing to sell and want to instruct a solicitor who will get you legally ready quickly and guide you through every stage of the process, contact us on 01 298 9344 or submit your query online.
