Guide to Legal Investigations & Checks for Conveyancing
Conveyancing is the legal process of transferring property ownership from one person to another. In Ireland, this process involves a series of legal and planning checks to ensure the transaction is lawful, and that both the buyer and seller are protected.
Title Deeds Verification
The first step in the conveyancing process is to verify the title deeds. This is to ensure that the seller has the legal right to sell the property and that there are no legal issues that could prevent the sale. During the Deed Verification process, your solicitor will:
- Confirm with the Land Registry that the seller is the legal owner.
- Check for legal restrictions or burdens on the property.
- Check for undisclosed easements or rights of way
Planning Permission and Building Regulations
Before signing a contract, it is important to confirm that any building works or extensions comply with planning permission and building regulations. Building without the required planning can affect your property’s value or usability – and may result in the unauthorised development being demolished.
A planning search will show whether previous planning applications have been granted or refused for the property; and will also show if there are any developments in the works. During planning checks, your solicitor will:
- Review planning permissions granted for the property.
- Ensure that the correct certificates are produced verifying compliance with Building Regulations.
- Instruct planning searchers to review local authority records for any unauthorised development, warning or enforcement notices served on the property
Bankruptcy Searches
Your solicitor will perform bankruptcy and insolvency searches to determine if the seller is facing bankruptcy. If the seller has been declared bankrupt then the property may not be theirs to sell – and could result in complications or financial loss for the buyer.
If you are obtaining a mortgage the bank require your solicitor to carry out the same searches against you.
Certificates of Compliance
For properties in Ireland, a certificate of compliance is required for the majority of new building works or for any alteration, addition or extension work to an existing property.
This is to ensure that works have been carried out in line with the planning permission granted and the Building Regulations. Your solicitor will:
- Verify that the property has all necessary Certificates of Compliance.
- Ensure that you are fully informed of any irregularities in the planning that are evident from your engineer’s survey, the planning permission and the Certificates of Compliance produced.
Choosing a Conveyancing Solicitor
The legal process for buying a home or property is complex and requires expert guidance.
It’s necessary to engage the services of a skilled conveyancing solicitor who can manage the process, including reviewing title, contracts, planning history, advise on legal aspects of your mortgage, manage transfer of funds, discharge stamp duty and register you as the legal owner. The right conveyancing solicitor can help you navigate the process, save time and stress and ensure your interests are protected.
