Dáil Éireann Debate, Monday - 11 September 2023
1124. Deputy Eoin Ó Broin asked the Minister for Justice if she has any intention to review the legislation underpinning the advertising of the sale and purchase of property, including the requirement for a pre-purchase inspection to be carried out by the purchaser; and if she will make a statement on the matter. [37813/23]
View answerThe conveyancing of a property is a matter between a purchaser, vendor, and their respective legal representatives.
I am advised that the conveyancing system allows purchasers of second hand houses to enquire as to the nature, quality and condition of a property prior to purchase. Detailed written queries and replies about the property (‘Requisitions on Title’) are exchanged between the vendor’s solicitor and the purchaser’s solicitor before the sale is completed, and the vendor may be bound by their replies to those questions.
Obtaining appropriate professional and legal advice, including a structural survey, continues to form part of the due diligence that a person should undertake when considering the purchase of a property. While obtaining a structural survey is not a legal requirement for the purchaser, it is prudent practice and in the best interest of the purchaser. The purchaser should satisfy him/herself as to the condition of the property. By obtaining a structural survey, the purchaser can set out their specific requirements for the future use of the property to a preferred surveyor, who in turn has a contractual duty of care to identify any specified defects in the property.
There are no plans at present for my Department to introduce or amend legislation in this area.
Legislation under the aegis of other Departments provides for building, environmental and energy standards.
