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Property Registration

Dáil Éireann Debate, Wednesday - 27 June 2018

Wednesday, 27 June 2018

Questions (262)

Dessie Ellis

Question:

262. Deputy Dessie Ellis asked the Minister for Housing, Planning and Local Government the mechanism for registering a property; the person or body with responsibility for ensuring that all properties are registered; the steps or sanctions taken if a company or person fails to register a property; the steps that are taken to ensure that companies that are resident abroad are compliant with the relevant legislation here in this regard; and if he will make a statement on the matter. [28094/18]

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Written answers

Under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006.  The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

Property is registered in the Land Registry on foot of applications for registration, in the prescribed forms as provided for in the Land Registration Rules 2012 - 2013, lodged with the PRA.  The PRA is responsible for registration on foot of such applications. 

The responsibility for registering the ownership of a property, or an amendment to registered property, rests with the owner of the property or the interest in the registered land.

While there is no sanction in registration of title legislation, failure to register a property carries significant risk for a person or entity acquiring title. If the property is subject to compulsory first registration and an application to register the title is not made in the PRA within six months of the purchase, the legal title in the property does not vest in the purchaser. If a person acquires an interest in registered land and fails to make an application for registration in relation to the said interest, this can result in the loss of priority.

Companies resident abroad are in the same position as Irish companies or persons in that the responsibility lies with them to apply for registration with similar consequences for non-registration.

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