Dáil Éireann Debate, Wednesday - 19 September 2012
163. Deputy Brendan Smith asked the Minister for Justice and Equality if additional time will be given to small auctioneering firms to conclude existing business to meet with the requirements of the PSRA in view of the fact that the July deadline causes difficulties in areas such as the collection of payments for the leasing of lands where traditionally payments fall due in November or December; and if he will make a statement on the matter. [39529/12]
View answerThe Property Services (Regulation) Act 2011 repealed the Auctioneers and House Agents Acts 1947 to 1973 which previously governed the licensing of auctioneers and house agents.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 Service Providers (i.e. auctioneers/estate agents, letting agents and management agents). The new PSRA licensing system came into effect on 6 July 2012. The date of 6 July was chosen because, since 1947 when the licensing of auctioneers and house agents was first introduced, licences fell due for renewal annually on 6 July.
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. 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. Transitional provisions under the 2011 Act provide that applicants, which would include small auctioneering firms, who have applied for a licence from the PSRA before 6 July 2012 and who previously held a licence under the Auctioneers and House Agents Acts, can continue to provide the property service concerned until their licence application has been determined. Such applicants have been advised accordingly by the Authority.
