Peadar Tóibín (Meath West, Aontú)
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562. To ask the Minister for Housing, Planning, and Local Government the paperwork that should be supplied to Tailte Éireann/PRAI when registering an interest in a property by a loan servicing company/vulture fund; whether these bodies are legally bound to produce an exemption from stamp duty certificate; and the guidelines for these companies to establish a burden on a folio. [66140/25]

James Browne (Wexford, Fianna Fail)
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Tailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provide a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.

All applications lodged for registration on the Land Register are subject to the relevant legislation including the Tailte Éireann Act 2022, the Registration of Title Act 1964, the Registration of Deeds and Title Act 2006, Land and Conveyancing Law Reform Act 2009 and the Land Registration Rules 2012 – 2021 as amended.

If an application is lodged for registration, and the application is in order, Tailte Éireann is statutorily obliged to register in accordance with the documents lodged and current legislation.

The minimum requirements for lodging an application are set out in the various checklists provided on www.tailte.ie. Each application type will have its own set of prescribed forms and required documents to be lodged in addition to the relevant application form and applicable fees.

Legal Practice direction Registration of Burdens ( out the requirements for registration of a burden on the Land Register.

In regard to registration of charges on a folio, when a borrower secures a mortgage, an application is made to Tailte Éireann by the Registered Owner of the property who applies to register a charge over their Folio in favour of the lender. The borrower executes a deed of charge in one of the prescribed forms, consenting to the registration of the lender as charge owner on the property.

Once a charge has been registered on the property, the owner of the charge (the lender) is entitled to transfer the ownership of that charge under Section 64 (1) of the Registration of Title Act 1964 (ROTA) and 2006. An application to transfer the ownership of a charge may be lodged by the transferee of the ownership of the charge on Form 56 of the Land Registration Rules in accordance with Rules 52 and 105.

All applicants are subject to the same revenue stamp certificate requirements. Should evidence of stamping be required and not provided, then the application would not proceed to registration. Without knowing the specific application type referred to, it is not possible to state categorically whether a certificate of exemption would be required.

It may be noted that the Minister for Finance announced in his Budget Statement of 06 December 2006 that the Mortgage Head of Charge in Schedule 1 to the Stamp Duties Consolidation Act, 1999, was abolished for mortgage deeds executed on or after 07 December 2006. All mortgage deeds including primary, collateral, additional and equitable mortgages together with transfers of mortgages are now exempt from stamp duty.