Mr. John Garrett:

I am joined by my colleague, Ms McKiernan, who is chair of the Law Society's conveyancing committee. The Law Society has, over many years, highlighted the antiquated, overcomplicated and lengthy nature of the conveyancing system in Ireland. It is crystal clear to solicitors that the current conveyancing system is long overdue systematic reform to reduce delays, costs and stress on house buyers and sellers.

The conveyancing system we have involves up to 15 interdependent parties, including lenders, estate agents, solicitors, local authorities, Tailte Éireann, the Revenue Commissioners, Uisce Éireann, valuers and surveyors. This means a delay by any one of those parties has a significant knock-on impact on all parties, most notably for the people who wish to sell or buy a home. It is also important to note that many of the parties in the process currently, for example, financial institutions or local authorities, operate to their own processes and protocols, which can result in misalignment of objectives and deadlines. The experience of legal practitioners is that delays can be weeks, months and, in the worst cases, sometimes last for up to five years. We welcome the opportunity to discuss the Bill but, more importantly, the reform needed in the overall conveyancing process.

In recent submissions to the Government’s Housing for All working group, and the Departments of Justice, Finance and housing, we outlined a number of key reforms that could be undertaken to help reduce delays in the conveyancing process. I will give two simple examples. First, every local authority in the country has a different system for confirming the roads, lanes and services that are within their charge. There are different means of requesting confirmation, different fees and different timelines. Second, when it comes to planning, a solicitor, on the buyer’s behalf, must investigate the planning history, going back over 60 years, to determine whether there is an unauthorised development, even in circumstances where the law states no planning enforcement can be taken after seven years. If there is an unauthorised development, the buyer may not get a mortgage until this is rectified. We believe there is a better and a quicker way.

The Law Society submissions to multiple Departments outlined six necessary actions to reduce delays in the conveyancing process. I will briefly outline them. The first is adherence to the certificate of title system for all financial institutions. Second is the adoption by all local authorities of a standardised and digital process for in-charge letters.

Third is a central document management system at the Property Registration Authority. Fourth is the end of historical and unnecessary review of unenforceable planning decisions through the recognition of established non-conforming developments. Fifth is the modernisation and digitalisation of statutory declarations and statements of truth. Sixth is a review of the regulatory burden and delay that arises from associated public policy issues, especially the collection of taxes.

The Law Society of Ireland agrees with the broad objectives of the Seller’s Legal Pack for Property Buyers Bill. However, it is concerned that the operation of the Bill in practice will have unintended consequences. For example, significant time would be required to obtain all information needed as outlined in the Bill, especially as some documentation is not currently compulsory for the completion of a property sale. As the pack would be supplied to all potential buyers, rather than just the final sale agreed buyer, it is likely to increase the number of parties, including solicitors, in the process leading to more questions, more documents, more time and more costs. That will not be true in every case but it will be true in a substantial number of cases.

In addition to the reforms mentioned above, the Law Society of Ireland calls for renewed collaboration to implement e-conveyancing, as IPAV has done, which is a digital process that will speed up property transactions. Meaningful reform in these areas will have an important and positive impact on the system to the benefit of sellers, buyers and the overall housing market. The current process can only be described as dysfunctional and, at times, chaotic. We welcome any questions and are interested in all of the reform agenda that has been outlined.