What do I need to do first to sell my property?

In order to sell your property, you will first need to obtain and give your title deeds to your solicitor. If your property is mortgaged, the title deeds will be held by your lender. Your solicitor will be required to take up your title deeds on accountable trust receipt in order to investigate title prior to drafting the contracts for sale. You should attend at your solicitors’ office in order to provide the written authority to do so.

Your solicitor will also request a note on the amount currently due under any mortgage due in respect of the property to ensure that the proceeds of the sale will be enough to discharge any amount due to your lender on completion. In circumstances where the property is in negative equity, the consent of the lender will be required.

You will also be required to ensure that your property has a Building Energy Rating Certificate (“BER Cert”) and Advisory Report which must be included in the sale of any home. The BER Certificate will provide details of your buildings energy performance and it is a legal requirement that this is provided to the purchasers on closing.

Once you have found a purchaser the booking deposit will normally be held by the estate agent until completion. You should ensure that you also provide your solicitor with your personal public service number (“PPS Number”) in order to avoid delays on closing, as this is required by the purchasers’ solicitor in order to discharge stamp duty. If you do not currently have a pps number, please inform your solicitor immediately as you will be required to obtain one in order to close the transaction.

Investigating the title, Exchange of Contracts & Insurance Cover

Upon receipt of the title deeds, your solicitor will thoroughly review and investigate the title. The title on offer will be either leasehold or freehold. A vendor should always be aware that the property remains at the vendors risk up until the day of closing. It is therefore vital to have adequate insurance cover in place up to the day of closing.

Upon a thorough investigation of the title documentation the Contracts for Sale will be prepared and issued. Your solicitor will address any queries raised by the purchasers’ solicitor prior to their exchange and execution. Upon receipt of satisfactory replies to any issues arising in the course of the purchasers’ investigation of title, the contracts will be executed and exchanged. At this stage there will now be a fully binding and enforceable contract in place.   

What can I attend to prior to selling my property?

• Please ensure that you fully outline to your solicitor all matters concerning planning at the outset. If there have been any alterations and/or extensions on the property whether or not requiring planning permission, an architects’ certificate may be required in order to confirm the position concerning same. These matters will generally be addressed in the special conditions of the contract of sale. You will also be required to forward details concerning the boundaries of the property and matters generally concerning the property including details of any charges, easements, services or maintenance agreements that may be in place.  

•  The Family Home/Shared Home: In the event that the property for sale is in a sole name of one of the vendors who is married or in a civil partnership then in that event the consent of the non-owning spouse or civil partner is required. You should provide a copy of your marriage certificate/civil partnership certificate to your solicitor which will be exhibited in a statutory declaration furnished to the purchaser on closing.

• Outgoings: An up-to-date receipt of discharge for the Local Property Tax should be provided. This amount will be apportioned as between the vendor and the purchaser as and from the date of closing. Please ensure that you forward your solicitor your LPT Property ID Number, as this will be inserted in the contracts for sale.  

• Non-Principal Private Residence (“NPPR”) & Household Charge: NPPR is a charge that was applied by local authorities in respect of a property that although owned by a vendor was not their principal private residence, this charge has since been abolished but still remains an issue when selling a property. The Household Charge which has been abolished also was introduced as a temporary measure in 2012 pending the introduction of local property tax. A Vendor must provide evidence to any proposed purchaser that these charges have been discharged or alternatively that the vendor was exempt.

• Service Charges: In relation to properties managed by an owners’ management company, you will be required to ensure that the service charges are not in arrears and discharged prior to closing. You should provide the contact details of the owners’ management company as you will be required to provide the purchaser with replies to requisitions under the Multi-Unit Development Act 2011.

What fees should I make Provision for?

Every sale is unique, and matters may arise in the course of a transaction that will result in additional costs. However, in addition to the professional fee charged by your solicitor, the following are some of the most common fees that arise in the course of selling a home:

• The Lending Institution often charge a fee to release the title deeds to your solicitor. This charge varies depending upon your lender.

• If the property is registered in the land registry, you will be required to provide an up-to-date Folio & File Plan which will incur a fee of €40.00.

• If the Folio contains any burdens, then in that event you will be required to provide the purchasers with a copy of the instruments in order to review same. The charge on obtaining any instruments from the Land Registry is € 40.00.

• If the property is not registered in the land registry, you will be required to furnish a map to the purchaser in order to formally register the property in the Land Registry. You may obtain this from a registered and fully insured architect and charges can vary.

• If there is an owners’ management company, it is a requirement that a vendor provides replies to enquiries concerning the Multi-Unit Development Act 2011. The cost for providing the replies to these requisitions vary depending on the owners’ management company, however they are often in the region of approximately                        € 369.00.

• You will be required to furnish the purchaser the fee to remove the mortgage/charge affecting the property. This depends on whether the property is registered or unregistered. If the property is unregistered, the fee is € 50.00 or € 40.00 in respect of registered property.

• There will be fees associated with swearing all declarations concerning the property, such as the family home declaration which carry a charge of € 10.00 per declaration and an additional € 2.00 for any exhibits. Declarations are unique to each transaction depending on the nature of the title whether it be leasehold or freehold, registered or unregistered property. Your solicitor will advise you on the appropriate declarations during the course of the transaction and furnish same to the purchasers on closing.

• If the roads and services are in charge with the local county council, it can sometimes be necessary to obtain a letter from the council confirming the roads and services are in charge. Costs vary depending on the County Council in question and can be approximately € 90.00.

The above fees are indicative only. Further charges may arise in the course of the transaction to include but not limited to LPT and/or any additional charges that may arise as apportioned at the date of closing. Charges may arise in respect of a transaction where for example an easement is deemed necessary. Every property transaction is unique and there may be charges and issues that arise which have not been outlined above. The Fees in respect of the Land Registry and the Registry of Deeds are as indicated on www.prai.ie and may change between the date of your sale and the date of this publication.