‘Antiquated’ process of selling houses is causing delays and could have negative impact on market, say experts

Residential property sales are increasingly being held up because of issues around planning permissions and building regulations.

The average timeframe to complete a sale of a home is around four months, but many sales are taking far longer, lawyers and surveyors have warned.

A large amount of documentation is needed to complete a property sale, according to the Society of Chartered Surveyors Ireland (SCSI) and the Law Society of Ireland.

The two bodies have come together to launch a consumer guide to help sellers speed up property sales.

Chief executive of the SCSI Shirley Coulter said compliance with, or exemptions from planning permission or building regulations is an area where surveyors are seeing an increasing number of hold-ups.

“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,” she said.

Ms Coulter said additional 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.

She said that if a building extension has been added, copies of planning permissions and evidence of compliance with that permission and with building regulations will be required.

Director general of the Law Society Mark Garrett said the process 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.

Mr Garrett said the Law Society has called for systemic reform of the conveyancing system.

The consumer guide notes that measures to prevent money laundering and a requirement to collect outstanding taxes and charges have been introduced. This include evidence of payment of the Local Property Tax and Household Charge.

Also noted in the guide is the requirement when selling a property for confirmation from Uisce Éireann that services such as water supply are in place and being managed by the utility company.

According to the guide, if the property is being sold following the death of the owner, then the sale could be conditional or “subject to” probate causing additional delays.

Another issue that often leads to delays is when buyers have not got the finance in place to complete a sale, or when sellers have not got the final redemption figure from their bank to settle the existing mortgage.​

‘Speed up your property sale – a guide to avoiding the most common delays’ is available free of charge at scsi.ie and lawsociety.ie

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