Home Seller’s Checklist
What paperwork do I need to sell my home in Ireland?
In almost all cases the minimum required documentation consists of an up-to-date version of the following:
How long will it take to complete the sale?
The average home sale in Ireland take 16 weeks, but this can be reduced to 6-8 weeks if the vendor (seller) has all of the technical documentation that the buyers solicitor will need to complete the conveyancing (transfer of ownership of the property) process.
Why does it take that long?
Traditionally, home owners contacted their local Estate Agent, who visited the property, took some photos advised on market valuation and then advertised the property as For Sale by placing a sign in the front lawn and advertised on Daft.ie, MyHome.ie etc..
After the viewings, bids will be taken and once an acceptable bid has been received, the vendor and that prospective buyer reach a state called Sale Agreed. The buyer pays a booking deposit to the Estate Agent, who takes the property off the market.
The buyer and sellers engage with conveyancing solicitors, and it is at this point that the process usually begins to encounter unnecessary delays. The buyers solicitors will request the contract documents from the vendors solicitors, who draw up the Contracts of Sale and look to gather the technical documents relating to planning regulation, maps and the building construction.
By now, it is likely a number of weeks have passed, when the gaps in the vendors documentation are identified. The vendor is tasked with engaging with Engineers and Surveyors to provide the professional opinion and documentation that the buyers solicitor requires to advise their client the can sign the contracts and complete the sale. In some cases the sale will fall through at this point as it becomes apparent there are significant in others the process can become drawn out with a costly cycle of correspondence between solicitors.
How can I minimise the time required to sell my property – and avoid sales falling through?
Get the documentation you need in place before approaching your Estate Agent. They can confidently negotiate your sale knowing that your solicitor can provide the buyers solicitor with the necessary documentation. This will allow them to close the sale with confidence, cutting weeks off the average timeline.
How can I gather these documents?
Map
If the property is registered with the Tailte Éireann (formerly the Property Registration Authority), it is available online. HomeCheck can check if the property is registered. If not then it is likely to be with the deeds of the property. If the property is or was mortgaged, the bank is likely have the map.
If the property is not yet registered with the Tailte Éireann, then the sellers solicitor must register the property as part of the sale, and a map must be prepared by an Engineer or Surveyor.
Declaration of Identity
As with the map, if this exists, it is likely to be held by the bank in the case of a mortgage or held by the owner.
BER Certificate
The Sustainable Energy Authority of Ireland maintain a register of BER assessments.
Planning and Building Compliance Documentation
Depending on the age of the property this documentation can
a) not exist in any form
b) be held by a mortgage lender
c) be held by the home owner
d) be maintained in the Building Control Management System Statutory Register
…or a combination of any of the above.
What is the difference between a Cert and an Opinion?
When an Engineer, Building Surveyor or Architect oversees a construction project they provide sign-off to state that they Certify that it adheres to Planning and/or Building Regulations in a Cert of Compliance.
Building Regulations
Because foundations, lintels roof trusses and other structural elements are usually covered up in a finished building, only someone present at the time can definitively state that the construction adhered to the building regulations in effect at the time. For example radon barriers, which consist of a plastic sheet encased in the foundation concrete, are rarely possible to detect after installation, but are required since the late 1990’s.
For this reason, an Engineer or Surveyor provides an Opinion rather than a Certificate when they are carrying out an assessment. The Opinion will be based on a visual, usually non-invasive survey of the property and will reflect the Engineer or Surveyors opinion on whether they found anything unusual or noteworthy in the build, but without providing retrospective certification. As this is the best that can be achieved, it is normally sufficient. The vast majority of extensions and structural renovations carried out since the Building Control Regulations were first introduced in 1991.
Planning Regulations
As with the Building regulations, Certificates of Compliance with Planning Permission tend to be issued at the end of the construction phase, and Opinions on Compliance with Planning Permission tend to be issued at a later date. Determining adherence regulations is more straight forward. An Engineer or Surveyor can usually provide a clear opinion on whether the property adheres to planning regulation.