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Property Registration Fees

Dáil Éireann Debate, Tuesday - 26 March 2013

Tuesday, 26 March 2013

Questions (410)

Finian McGrath

Question:

410. Deputy Finian McGrath asked the Minister for Justice and Equality his views on whether the recent increase in property registration fees is another form of property tax in view of the fact that the average home went from €525 to €815 which is approximately a 55% increase; and if he will make a statement on the matter. [15344/13]

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Written answers

Land Registry fees become payable on the making of an application for registration of title or for the other searching, inspection and copying services provided by the Property Registration Authority. The Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012), which came into effect on 1 December 2012, introduced new fees for Land Registry services. Section 21(2) of the Registration of Deeds and Title Act 2006 provides that registration fees shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the operational cost and expenses under the Act, i.e. fees are to be set at a level sufficient to meet the full cost associated with Property Registration Authority services.

It should be noted that the land registry fees had not been adjusted since 2000, which was a key reason for the need for a significant increase in the level of charges to ensure that the fees cover the cost of Property Registration Authority services. Notwithstanding the fact that Land Registry fees are paid into and disposed of for the benefit of the Exchequer, they constitute payment for the registration and other services provided by the Authority and the State-guaranteed title that results from registration and are not, therefore, a tax.

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