Get organised and engage a Solicitor from the outset to avoid pitfalls and unnecessary delay.
Here are some of the more important documents which you will need-
AML DOCUMENTS– Copy ID (passport/drivers licence) and proof of address; utility bill dated within the last 3 months).
THE TITLE DEEDS- If your mortgage had been paid off then you more than likely hold the title deeds. If you have a mortgage then the deeds to your house will have been retained by your Bank. You will need to sign a written authority for same to be provided to your Solicitor.
NEW TITLE MAP (if applicable)- If the title to your house is registered with Taitle Eireann then a map can be ordered by your Solicitor for €40. If the property is unregistered (Registry of Deeds) or if you are part of a folio then you will need to obtain a Land Registry complaint map from an Engineer/Architect.
BUILDING ENERGY RATING CERTIFICATE (BER cert) & Advisory Report- If you bought the house recently this document may be with the deeds but if not you will need to commission one.
MARITAL STATUS- To comply with the terms of the Family Home Protection Act 1976 and various other more recent Family Law Acts your Solicitor must prepare a declaration which will exhibit documentation vouching your marital status. Typical documents needed might be copies of marriage certificates, civil partnership registrations, Death certificate of spouses, Divorce or Separation papers.
IRISH PPS TAX NUMBERS- You cannot sell a property in Ireland now without an Irish PP tax number. Many non- Nationals may have bought Irish properties years ago when this was not a requirement and may now need a pps tax number. To get one for a non-resident can take approx 5-8 weeks. If the vendor(s) are non de
PLANNING DOCUMENTATION- To sell a house you must be in a position to prove that the house was built in compliance with planning permission and designed and built in compliance with the Building Regulations. Proof is by a certificate from a qualified Architect or Engineer. If you have built a small extension or sun room this may be exempt but even so a certificate to that effect will be required. If the extension is such that planning permission should have been obtained and wasn’t, but it was build over 7 years ago you will need to apply to the County Council for planning permission Retention. Any planning problems need to be identified and, if possible, solved before a house is sold.
DECLARATION OF IDENTITY- If the house is in a rural area and a one off house on its own site you will need a declaration of identity. This is a declaration signed by an Architect or Engineer confirming that the site on the ground and all of the services for the house are comprised within the map attached to your title deed.
As you will see from the above, to avoid lengthy delays in the sales process you need to get all of the relevant documentation ready at the earliest possible stage. The secret to success in this process is to engage with your Solicitor as soon as you decide to put the house on the market rather than after you have secured a buyer.
Our property team at McGrath Mullan Solicitors, will provide you with all the necessary guidance and advice for selling your property. Contact us today by email at: info@mcgrathmullan.ie or alternatively call us on 01 8735012 (Dublin office) or 049 85 41137 (Oldcastle office).
More property law articles from McGrath Mullan:
- eConveyancing in Ireland
- Voluntary Transfer of Property or Land
- Residential Zoned Land Tax (RZLT)
- Importance of carrying out a Planning Search before signing contracts for the purchase of a property
- Risks when buying property at auction
- First-Time Buyers: Financial Help, Legal Advice, and What to Expect
- Lost Title Deeds
- BUYING A SECOND-HAND PROPERTY: ONE VITAL ASPECT THAT SHOULD NOT BE OVERLOOKED