Property and Conveyancing

Experience

With over 20 years experience of dealing with a huge number of property transactions and land issues over a wide range of areas from the purchase of new houses to farm sales to contested registration of rights of way (and everything in between), we have strong know-how in relation to the issues that can arise in relation to land and property transactions and what it takes to provide a high level of service.

Commitment

Every case is dealt with from start to finish by Paul D’Arcy, Principal. We are also upfront on costs and pretty fanatical regarding finishing everything off post completion.

You can email Paul D’Arcy, paul@darcyandco.ie for a quote or email him any query that you have.

Please see below information relating to Purchase and Sales:-

If you are selling property, you should consider the following issues:-

• Obtaining title deeds

In order to prepare contracts for your sale, it will necessary to obtain your title deeds. These will sometimes be held by us or you can supply them. However, they are often held by your bank. In such a case, we will need to request them using a letter of authorisation signed by you.

• Planning queries

Any planning queries that arise in relation to your sale should be dealt with through us acting as your solicitor rather than directly with the purchaser or through an auctioneer.

• Building Energy Rating (BER)

Anyone offering a building for sale or lease is required to provide a Building Energy Rating (BER) from a registered assessor. You auctioneer often assists in arranging this.

• Local Property Tax (LPT)

The LPT for the house being sold will need to be up to date. There are rules regarding apportionment and which band the property is in, that will need to be complied with. We also need to show to other solicitor that matters are up to date and therefore, we will need from you your LPT Property ID and PIN. In some cases, where the sale price is greater than the present band you will need to obtain consent from Revenue.

• Non Principal Private Residence (NPPR) Charge

The NPPR was a charge that applied for the years 2009 to 2013. It applied where a person owned a house that was not their principal private residence. In relation to a sale you will need to obtain a Certificate from your local council that NPPR did not apply or that it was paid.

• Septic Tank Registration

Where there is a septic tank/puraflo system at the property being sold, you will need to show proof of registration.

• Capital Gains Tax (CGT)

The sale of properties can give rise to CGT. There is an exemption generally available in respect of your principal private residence and garden or grounds of up to one acre enjoyed with the residence. For full CGT advice you should consult with your accountant or tax adviser.

• Vacant Possession on Completion

At completion of the sale the purchaser pays and allows release of the purchase money. The seller needs to ensure that once that takes place, they have removed whatever contents are being removed, the property has been cleared and all keys are surrendered.

If you are purchasing property, you should consider the following issues:-

• Help to Buy Scheme

The Help to Buy (HTB) Scheme is designed to assist first-time buyers of newly built homes with their required deposit. It also applies to once-off self-build homes.

The Help to buy Scheme provides for a refund of income tax and Deposit Interest Retention Tax (DIRT) paid over the previous 4 tax years.

• Formal Loan Offer

If you are using a mortgage in relation to your purchase, then you will need to have your bank issue a Formal Letter of Offer in relation to property to your solicitor.

Under new rules lenders will now have to revalue the property before drawdown where two months have elapsed since the first valuation. This could result in a reduction in the loan.

• Structural Survey

If you are purchasing a second-hand property, then the principle of  “let the buyer beware” will  apply to the physical condition of the property.   For this reason, you should have a structural survey of the property carried out before signing contracts.

• Stamp Duty

The present Stamp Duty rate for residential property is 1% for a purchase price of less than €1 million.

• Building Energy Rating (BER)

Purchasers must be receive a Building Energy Rating (BER) from a registered assessor for the property they are purchasing. This is usually available from the auctioneer

• Co-ownership Agreements

In the case of a joint purchase by unmarried persons, consideration should be given to a Co-ownership Agreement setting out arrangements in the case of split.

• Issues with Items to be left or taken

Please be warned the legal system relating to house purchases is primarily about the actual purchase of the house and the issue of contents is treated as a much smaller issue. Disagreements and crossed wires are common and often legal remedies are not cost effective. So the best attitude to have is that it is up to you to check that every item that should be left is left and every item that should be taken is taken. Dissatisfaction on these issues after completion is often impossible to solve legally.