Buying a Property

It is not a legal requirement, but it is strongly advised, and in practice most sellers will not proceed unless the buyer is legally represented. Buying a property involves detailed legal steps, including reviewing and signing contracts, investigating the title, liaising with your mortgage lender, and confirming compliance with planning and building rules. A small mistake can prove costly, so most buyers consider professional legal advice essential.

It helps to be well prepared before you start viewing. The main things to think about are:

• Your budget, including mortgage approval in principle, the deposit, and additional costs such as stamp duty and legal fees.
• The location, and whether the local amenities, transport, and services suit your needs.
• The type and condition of the property, and whether a survey is advisable.
• Insurance requirements, particularly where a mortgage is involved.
• Whether the property complies with planning permission and building regulations.

Taking advice early helps you avoid surprises later in the process.

As a general guide, a straightforward purchase usually takes around two to three months from the time contracts are issued, although timelines vary. The main factors are the speed of your mortgage approval, the results of the survey, any queries raised on the title, and whether you are part of a chain of linked transactions. We work to keep your purchase moving while making sure nothing important is overlooked.

For residential property, stamp duty is charged at 1% on the first €1 million, 2% on the portion between €1 million and €1.5 million, and 6% on any amount above €1.5 million. For a new build, it is calculated on the price excluding VAT, which is currently 13.5%, so the figure is usually a little lower. Your solicitor arranges payment to Revenue as part of the purchase. You can read more on our stamp duty page.

Two schemes are particularly useful. The Help to Buy scheme offers eligible first-time buyers a refund of income tax and DIRT of up to €30,000, or 10% of the purchase price if lower, towards the deposit on a new build or self-build home valued at up to €500,000. It is currently due to run until the end of 2029. The First Home Scheme is a shared equity scheme, under which the State and participating banks pay a portion of the price of a new home in return for a stake that you can buy back over time. We can advise on whether you qualify and on how the schemes work together.

Irish property transactions are governed by a mix of statute and common law. The main legislation includes the Land and Conveyancing Law Reform Act 2009 and 2013, the Registration of Title Act 1964, the Planning and Development Act 2000, the Building Control Act 2007, and the Urban Regeneration and Housing Act 2015. Where the property is to be let, the Residential Tenancies Act 2004 is also relevant. Title to most property is now registered with Tailte Éireann, the State body responsible for the Land Registry and the Registry of Deeds.