Finian McGrath (Dublin North Central, Independent)
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To ask the Minister for Justice and Equality the position regarding The Property Services Act in relation to new people getting an auctioneers licence particularly for small businesses. [37732/12]

Alan Shatter (Dublin South, Fine Gael)
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The Property Services (Regulation) Act 2011 repealed the Auctioneers and House Agents Acts 1947 to 1973 which previously governed the licensing of auctioneers and house agents. The new legislation provides for the establishment of the Property Services Regulatory Authority (PSRA) to licence, control and regulate Property Services Providers (i.e. auctioneers/estate agents, letting agents and management agents). The new PSRA licensing system came into effect on 6 July 2012.

Under the 2011 Act, any person wishing to engage in the provision of property services must obtain a licence from the PSRA. A person providing a property service without a licence is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

The types of property services for which a licence is required are: the auction of property other than land; the purchase or sale, by whatever means of land (including buildings or structures on land); the letting of land (including buildings or structures on land), or; property management services.

A comprehensive Guide to Becoming a Licensed Property Services Provider was published in June 2012 and sent to every person holding a licence under the Auctioneers and House Agents Acts 1947 to 1973. This guide is also available on the Authority's website www.psr.ie.

At present the PSRA is engaged in the processing of some 5,000 licence applications. To date all applications have been acknowledged, and applicants who were lawfully providing the property service which is the subject of the application prior to 6 July 2012 have been informed that they may continue to provide such service pending a determination of their application.

As the licensing system now being introduced is extremely comprehensive, and is being extended to cover employees as well as employers, the amount of data which must be recorded in respect of each individual is quite extensive. It is important that great care is taken to ensure that all applicants' particulars are correct and verified at this stage. Once this initial data capture is complete the renewal of licences in future years will be a much more streamlined process.

Specifically in relation to new persons wishing to become a property services provider, it is of course, open to them to make an application to the PSRA for a licence. However, the transitional provisions which relate to persons who previously were lawfully providing a property service would not apply in such cases. Therefore such persons should not provide a property service unless they have received a licence from the PSRA.