Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

On behalf of the Minister for Justice and Equality, I thank the Senator for raising this matter.

As the Senator is aware, the Property Services Regulatory Authority, PSRA, was established on a statutory basis in 2012, in accordance with the provisions of the Property Services (Regulation) Act 2011. The authority is independent in the performance of its functions.

A key role of the authority is to set and enforce standards in the provision of property services by property service providers who fall into four categories - auctioneers of all types, estate agents, letting agents and property management agents. The 2011 Act provides for the licensing of all companies and individuals engaged in the provision of property services. There are currently in excess of 4,000 companies and individuals licensed to provide property services. A publicly visible register of these licensees is maintained on the PSRA website at www.psra.ie.Under section 28 of the Act, it is an offence to provide a property service, or purport to be available to provide a property service, unless the person is appropriately licensed. A company or person who contravenes this section of the Act is liable to a fine or imprisonment, or both.

It is the authority's policy to prosecute all of those found to be trading without a licence. A number of prosecutions have already been before the courts in the Dublin area. The Minister for Justice and Equality has been informed that two cases have so far resulted in convictions and more cases are pending. She has been advised by the authority that 242 instances of companies or individuals suspected to be trading without a licence have been brought to its attention since 2012. Some 23% of these cases involved companies of individuals who were, in fact, already licensed. A letter campaign instructing companies to cease trading without licences resulted in a further 6% applying for and being granted licences. Another 31% have ceased trading or were never trading in the first place and no current evidence can be found of trading. The authority is investigating the remainder of the cases.