Buying or selling a home is one of the most significant life events, but in Ireland, the process is often fraught with delays, extra costs, and considerable stress. These frustrations are not just part of the process; they are frequently the result of outdated systems and legislation that bog down property transactions. For the thousands of people navigating the property market each year, these bottlenecks can turn an exciting milestone into a prolonged ordeal.
Conveyancing, the legal process of transferring property ownership, is a critical area for solicitors, with nearly seven in ten involved in this work. A recent Law Society of Ireland survey highlighted the scale of the problem: 69% of solicitors reported regular or constant delays when dealing with Tailte Éireann (formerly the Land Registry). These delays have a direct impact on buyers and sellers.
In response, the Law Society has been working to address these inefficiencies. This article explores the six priority areas identified for reform and the legal changes underway to make property transactions faster and more transparent for everyone involved.
The Law Society’s Six Priority Actions
To streamline the conveyancing process, the Law Society has focused on six key areas that are notorious for causing delays. These priorities form the basis of their recommendations to the government and other relevant bodies.
1. Delays with Title Deeds
One of the first steps in selling a property is obtaining the title deeds. However, significant delays in releasing these documents, particularly from banks and credit servicing firms, can stall the process before it even begins. These hold-ups often stem from complex Anti-Money Laundering (AML) and Customer Due Diligence (CDD) requirements.
2. Planning Matters
Verifying a property’s planning compliance is a major task for conveyancing solicitors. They must check records going back to 1964, but many local authorities don’t have easily accessible records for developments built before 2000. This forces sellers into the costly and time-consuming process of applying for retention permission for minor, long-standing issues.
3. Roads and Services Certificates
Before a sale can complete, a certificate is needed to confirm who is responsible for maintaining the roads and services connected to the property. With 31 different local authorities in Ireland, the procedures and fees for obtaining these certificates vary widely, and delays of four to ten weeks are common.
4. Statutory Declarations
The Statutory Declarations Act 1938 requires “wet ink” signatures on certain legal documents, meaning clients must physically attend a solicitor’s office. This requirement is inefficient, adds costs, and is out of step with the digital age.
5. Land Registry Delays
As the official body for property registration, the Land Registry (now Tailte Éireann) plays a crucial role. However, recent changes, including stricter application rejection policies and staff shortages, have led to significant backlogs. This means even minor errors can cause an application to be rejected, restarting the process and causing further delays for homebuyers.
6. Property Taxes
Ensuring all property-related taxes, such as Local Property Tax (LPT) and Household Charge, are fully paid is another essential step. Any outstanding amounts must be settled before a sale can be finalised, and resolving these issues can add more time to the transaction.
Reforms on the Horizon
In collaboration with the government’s Housing for All initiative, the Law Society is actively working to implement reforms that address these bottlenecks. Here are some of the positive changes being progressed.
Central Bank Amendment for Title Deeds
Following engagement by the Law Society, the Central Bank of Ireland is amending the Consumer Protection Code. The new Regulation 175 will oblige financial institutions to release title deeds within 10 days of a valid request. This change, effective from March 2026, is a welcome development that will significantly reduce initial delays.
Standardising Local Authority Responses
A national target has been proposed for local authorities to respond to requests for roads and services certificates within 10 working days. The development of a centralised portal, www.mycoco.ie, and a standardised request system are key initiatives aimed at harmonising this currently fragmented process.
Replacing Statutory Declarations
In a move towards modernisation, statutory declarations are set to be replaced with “Statements of Truth.” This long-standing recommendation from the Law Society will remove the need for physical signatures in many instances, making the process more efficient and aligned with modern practices.
Introducing ‘Established Non-Conforming Development’
To address historic planning issues, the Law Society has called for the introduction of Established Non-Conforming Development (E.N.D.). This would create a new class of development, allowing for the regularisation of older properties where planning records are missing or where a development has existed for over 15 years without issue. This practical solution would save sellers significant time and money.
What’s Next? Pushing for Meaningful Change
The government has committed to a target of completing the conveyancing process within an eight-week timeframe. Achieving this ambitious goal requires continued collaboration and a firm commitment to removing the systemic roadblocks that have plagued property transactions for years.
The Law Society continues to push for reforms on other pressing issues, including the Residential Zoned Land Tax (RZLT), Local Property Tax (LPT), and the Temporary Development Contribution Waiver Scheme.
These efforts are not just for the benefit of solicitors but for the thousands of people trying to buy or sell their homes each year. By modernising outdated practices and streamlining administrative processes, we can make the journey of homeownership in Ireland a fairer, faster, and more transparent experience for everyone.
If you are buying or selling a property and are concerned about potential delays, seeking expert legal advice is crucial. An experienced conveyancing solicitor can help you navigate the complexities of the process and protect your interests. Contact HOMS Assist for clear, trusted guidance on your property transaction.
