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Property Services Regulation

Dáil Éireann Debate, Tuesday - 9 October 2012

Tuesday, 9 October 2012

Questions (450, 451, 452)

Michelle Mulherin

Question:

450. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of property service provider licence applicants that have been notified by the property services regulatory authority not to continue to trade until they have supplied evidence in support of qualifications/professional experience claimed; and if he will make a statement on the matter. [42792/12]

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Michelle Mulherin

Question:

451. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of applicants for property service provider licence that have failed to supply evidence in support of qualifications/professional experience claimed and or whose applications are deemed incomplete to date due to the failure to supply said evidence; and if he will make a statement on the matter. [42793/12]

View answer

Michelle Mulherin

Question:

452. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of applications that have been received by the Property Services Regulatory Authority for a licence pursuant to the Property Services (Regulations) Act, 2011; the number of same that have been validated and granted; and if he will make a statement on the matter. [42794/12]

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Written answers

I propose to take Questions Nos. 450 to 452, inclusive, together.

I am advised by the Property Services Regulatory Authority that initially the Authority received in excess of 5,100 licence applications from Property Service Providers. Some 721 applications were returned because either the declaration on the application form was unsigned or the appropriate fee was not tendered. Many of these applications were subsequently resubmitted and at present the Authority has 5,107 applications on hand.

Section 99 of the Property Services (Regulation) Act 2011 provides that persons, who were lawfully providing a property service prior to the coming into effect of the new licensing system on 6 July 2012, could continue to provide such property service pending a determination of their licence application by the Authority. Consequently, before undertaking the detailed examination of the licence applications it was necessary for the Authority to carry out an initial examination to determine which applicants came within the remit of section 99 of the Act. On completion of this examination all applicants were written to and informed whether or not they were covered by the provisions of section 99. Of the 5,107 licence applicants, 301 were informed that they could not avail of section 99 as they had not provided sufficient evidence of their having been lawfully providing property services prior to 6 July 2012.

All applications have now been input into the database, the application details have been verified and the process of detailed vetting of the applications is underway. To date it has been necessary to write to over 60% of applicants due to the fact that applications have either been incorrectly completed or relevant documentation has not been supplied. The reasons why applications have not been accepted are myriad including the failure of applicants to provide: sufficient evidence of qualifications; evidence of being tax compliant; appropriate Accountant's Report; appropriate Professional Indemnity Insurance; Certificate of Incorporation in the case of companies; Business Registration Certificate; Appropriate answers to certain questions relating to criminal convictions, etc. In a number of instances applicants failed to indicate the licence type being applied for and furnish photographs. Because it has been necessary to write to so many applicants the licensing process has taken much longer than originally anticipated. However, to date letters have issued to over 350 applicants informing them of the Authority's intention to grant a licence. It is hoped to have the process complete in the next 8 to 10 weeks.

Great care must be exercised in this, the first year of licensing to ensure that only those who fully meet the new licensing requirements are approved. As a consequence the process is time consuming. While it is recognised that this time of change involves more input from the industry, the greater care taken in these initial stages will ensure that in future years the process will be more streamlined and simpler for applicants.

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