Buying and selling a property in Ireland can be a complex and lengthy process. While the Government set a target of an eight-week timeframe for the conveyancing process, transactions can take longer than this for various reasons. Delays can be mitigated by a proactive approach by sellers and buyers.
Building Your Professional Team
A seller’s success in navigating the property market hinges on engaging a strong professional team from the start. Appointing a solicitor at the earliest stage, even before the property is on the market, is important since it can take several weeks to obtain the title deeds, which are typically held by a lender. Central Bank of Ireland regulations, which require lenders to produce title deeds within a specified period, are due to come into force in March 2026.
Engaging an experienced estate agent is crucial to managing the marketing and sale of the property. The agent also plays an important role as a communication hub between the seller and prospective buyers.
A buyer should appoint a building surveyor or other competent professional who will be ready to carry out a physical survey of the premises promptly after the property goes ‘sale agreed’ - and before the contract is signed.
Buyers who require financial backing to purchase often engage a mortgage broker to find the best terms that suit their circumstances. Sellers may not engage with buyers who cannot demonstrate mortgage approval, so it’s best for buyers to secure this approval ahead of settling on the desired property.
Understanding and Addressing Common Sources of Delay
To effectively manage the conveyancing process, both sellers and buyers must anticipate common pitfalls and obtain required documents as early as possible. This includes personal documents, like photo identification and your PPS number, as well as property-related documents. Buyers will need these documents to enable the lender to approve the loan.
Planning and regulatory compliance can be significant hurdles. Solicitors are required to examine a property's planning history going back up to 60 years to identify any "unauthorised development". If an extension or other alteration was carried out without the required planning permission, a seller may need to apply for "retention," or permission to keep these developments, which can cause a delay of several months.
The timeframe to obtain required evidence that the roads and services are maintained by the Local Authority can vary and contribute to transaction delays. However, recent reforms could see this time period reduce to two weeks.
The conveyancing process also includes the collection of various property taxes on behalf of the Revenue Commissioners. A sale cannot be finalised until the seller provides confirmation that all outstanding taxes, such as Local Property Tax (LPT), have been fully paid.
Finally, sales of inherited properties can face significant delays if they are "subject to probate”. This is a legal process that can take months to complete. However, recent reforms have led to a reduction in the processing times in the Probate Office.
Conclusion
Well-prepared sellers and buyers can each take decisive actions to reduce many common delays when it comes to buying and a selling a property. By building a professional team at the outset you’ll understand exactly what is needed and you can proactively gather all necessary documents. Sellers and buyers can be active managers of the process, rather than passive by-standers. Taking the time to understand the potential pitfalls and preparing for them upfront is the single best investment you can make for a smooth transaction.
The Law Society of Ireland and the Society of Chartered Surveyors Ireland guide, Speed Up Your Property Sale gives a user-friendly roadmap for sellers to help them reduce delays. The guide is available to download from the Law Society website here
Michael Walsh is partner and the Chair of the Byrne Wallace Shields LLP Property Law team, one of the largest in Ireland. He is a member and former chair (2021-2023) of the Law Society of Ireland’s Conveyancing Committee. Michael was the Law Society of Ireland’s nominee on the Housing for All Conveyancing and Probate Reform Implementation Group 2024/2025.
Disclaimer: Please note that this article is for general information purposes only and is not a substitute for legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted warranted or implied. Readers are advised to seek independent professional legal advice before buying/selling a property.
