Written answers
Wednesday, 12 July 2017
Department of Justice and Equality
Property Services Regulatory Authority
John Lahart (Dublin South West, Fianna Fail)
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204. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to the anomalies that exist in the Property Services (Regulation) Act 2011 whereby the rigors of the legislation do not apply to firms that have no operation in the jurisdiction here but still allows them to sell property here; his plans to amend this legislation and remove this paragraph relieving agents from another jurisdiction from adhering to local laws and regulation and also allowing them all the benefits of participating in the market; and if he will make a statement on the matter. [33267/17]
Charles Flanagan (Laois, Fine Gael)
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The Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012, pursuant to the Property Services (Regulation) Act 2011. One of the main statutory functions of the PSRA is the licensing of Property Service Providers, i.e. auctioneers, estate agents, letting agents and property management agents. The Authority is independent in exercising its statutory functions.
Part 11 and Schedule 7 of the 2011 Act relate to property services provided by certain persons from EU Member States referred to in the legislation as 'relevant persons'. Section 82 of the 2011 Act details a 'relevant person' as one who holds from an EU competent authority a licence or other form of authorisation authorising that person to provide a property service similar to the definition provided for in the Act; is subject to a scheme of protection in respect of client accounts that substantially corresponds to the provisions of Part 5 of the Act; proposes to provide or is providing a corresponding property service in the State; and is not prohibited under the Act from providing the corresponding property service. The requirement to allow 'relevant persons' to provide property services in the State without a licence from the Property Services Regulatory Authority arises from our obligations under the EU Services Directive 2006/123/EC.
The European Commission has recently communicated that it has concerns about certain provisions of the Property Services (Regulation) Act 2011 which may contravene aspects of the Services Directive 2006/123/EC. These concern the provision of property services by persons other than 'relevant persons' who are permitted to provide property services in their own jurisdictions without a requirement to hold a relevant licence or authorisation. In the light of this concern and in consultation with the Attorney General's Office, my Department is examining whether changes may need to be made in future to certain provisions of the current legislation.
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