Finding a property and avoiding common delays

Knowing where to search and the issues to look out for are important first steps on the journey to buying your home.

But it's also helpful to know how to navigate and avoid some of the most common delays that can later slow the entire process down.

Property websites, auctioneers and estate agents are the main ways to find properties that are for sale. Most people buying or selling a home will use an estate agent and a solicitor and the working relationship between those two professionals will be very important.

The Property Services Regulatory Authority also publishes a Residential Property Price Register , which holds information on residential properties bought in Ireland since 1 January 2010. You can check the register to see how much was paid for a property. This can be useful to find out the price properties have sold for in the area you are looking to buy.

In 2024, the Law Society and Society of Chartered Surveyors in Ireland published a guide to selling a home, primarily targeted a sellers though also containing important information for buyers. You can read that guide here.

Many of the items below will be dealt with in the normal course by the estate agent and/or solicitor during the conveyancing transaction. You should, nonetheless, keep the relevant questions about these things in the back of your mind even at the point when you have started to look at properties for the first time. For example, you might note if extensions or other changes have been made to properties that may have required planning permission or other necessary approvals.

Energy efficiency

The vast majority of homes for sale must have a Building Energy Rating (BER). A BER Certificate will tell you how energy-efficient the home is. It will help you to make an informed choice when comparing properties.

Radon

Homes in some parts of the country can have a radon problem. These parts of the country are called High Radon Areas. You can check the EPA's interactive map to see whether the property you are interested in is in a High Radon Area.

A radon test is the only way to know what the levels of radon are because each house is different. It is recommended that information about radon testing and remediation is provided to building owners as part of the handover documentation during the conveyancing process.

Your solicitor can ask you the following questions:

1. Has a radon test been carried out?
2. If a radon test has been carried out, please supply the report
3. Has any action to reduce radon levels been undertaken?

Further information on radon, including testing and reducing high levels, is available on the EPA website.

Flooding

Some properties in Ireland are at greater risk of flooding. The Office of Public Works maintains a database of flood maps, which shows the risk of flooding in most areas in Ireland.

The typical timescale for completing the conveyancing process (from ‘sale agreed’ to closing the sale) vary from 10 to 20 weeks, and are dependent on a number of factors. These include whether the property is in probate or if there are issues around finding the title deeds.

There are also steps taken by the buyer prior to making an offer, such as applying for a mortgage, securing mortgage approval in principle, and viewing properties, which could take from a few days to months.

Following the report of the Conveyancing and Probate Expert Review Group in 2024, a national target of 8 weeks has been set for completion of conveyancing processes and a series of actions towards achieving this are now in implementation.

Title Deeds: Once you have found a property that you like and can afford, and you are ready to make an offer, ask if the seller’s solicitor is in possession of the title deeds. If they are not, this can potentially add 4-8 weeks to the time it takes to complete the sale. If a seller has a mortgage on their property, the seller's solicitor will have to request their lender to release their title deeds for the sale.

Roads: It is important to confirm who has responsibility for maintaining the roads, lanes and services (water and sewage) for the property early in the process. You may also need to investigate access rights to the property, especially for rural properties. This is normally done via a formal written request to the relevant local authority for ‘taking in charge’ confirmation.

Planning and Building Regulations: All planning requirements (where applicable, dating back to 1964) and Building Regulations must have been complied with during the construction any renovation or extension of the property. Any relevant planning permissions and additional documents (e.g. Opinions on Compliance with Planning Permission and / or Building Regulations) should be sent to the purchaser’s solicitor by the seller’s solicitor with the Contracts.

In certain instances (e.g. if there is no planning permission for a structure and there should have been or if a structure is not in compliance with a permission) then retention planning permission may be needed. In other instances where a development (e.g. a small extension to the rear) is involved, it may have been exempt from planning but still require a certificate of compliance with Building Regulations. Otherwise, the buyer’s solicitor will notify the buyer and the lender of the issue and seek approval from the lender for what is known as a Qualification on Title. The buyer cannot go ahead with the purchase until this qualification has been approved by the lender so it is important this is done before contracts are signed.

Boundary issues: A surprising number of issues can arise in conveyancing in terms of boundaries between properties, including rights of ways and way leaves, and also incorrect deed maps or misplaced boundary fences, to name but a few. See the SCSI’s Property and Land Boundaries: Checklist for Purchasers for more information and issues to look out for.

Taxes: A number of taxes are attached to a property and must be collected prior to sale, such as the Local Property Tax (LPT) and the Household Charge. You should confirm with the seller that taxes have been paid up to date prior to signing contracts.

Probate: If the property is being sold following the death of the owner, then the sale could be conditional or ‘subject to’ probate causing potential delays (though traditional delays in probate are now much less than in the past). It is important to inquire at an early stage whether a property sale is dependent on a Grant of Probate, and if it is, whether an application has been made to the Probate Office.

Finances: The buyer must ensure they have the finances in place to complete the sale, and the seller must ensure that they (or their solicitor as appropriate) have information on the final amount from their bank which is needed to pay off the existing mortgage (referred to as the “Redemption figure”).

Queries or Negotiations after the Pre-Purchase Survey: Buyers will typically send a surveyor or sometimes an engineer to carry out a pre-purchase inspection of a property before they sign the contract. Sometimes, buyers will be advised to do this survey very early in the process – e.g. after paying a booking deposit. If the survey shows up unforeseen issues with the property, buyers may change their offer to account for this, request repairs be made before buying, or decide not to buy.

Generally, when you have found the home you want to buy and made the initial deposit arrangements, the estate agency will send what is called a 'SAN' (Sale Advice Notice) to your solicitor and the conveyancing process proper can begin.