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Solicitor and Conveyancing in Ireland: Contracts, Title and Stamp Duty

Chapter 6 of Buying a Home in Ireland 101: what your conveyancing solicitor checks, when contracts become binding, title and planning issues, stamp duty, Land Registry and common causes of delay.

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Conveyancing is the legal transfer of ownership from seller to buyer.

It is the part of the process that can feel invisible because much of the work happens between solicitors.

But this is where the questions that determine whether you can safely own, mortgage and later resell the property are resolved.

Appoint the solicitor early

The CCPC recommends engaging a solicitor early.

Do not wait until sale agreed to start looking.

Before choosing, ask for a written costs notice / estimate covering:

  • professional fee;
  • VAT;
  • searches;
  • registration;
  • Tailte Éireann / Land Registry fees;
  • and other outlays.

A cheap professional fee can still result in a normal total bill once outlays are added.

Compare the full estimate.

What arrives from the seller’s solicitor?

After sale agreed, the seller’s solicitor sends the legal package, including the contract and title information.

The precise documents vary.

Your solicitor may review:

  • ownership/title;
  • maps;
  • planning;
  • building-regulation documentation;
  • property tax status;
  • management-company information;
  • rights of way;
  • burdens / charges;
  • boundaries;
  • services;
  • probate where relevant;
  • and other property-specific matters.

The goal is not paperwork for its own sake.

It is to ensure you receive a title that can be legally transferred and accepted by the lender.

Title

Title establishes legal ownership and rights.

Your solicitor checks that:

  • the seller has the right to sell;
  • the property being transferred matches what you think you are buying;
  • relevant rights are documented;
  • and unacceptable burdens or defects are addressed.

If title is defective, the lender can also refuse to proceed.

Planning and building compliance

Physical alterations need to align with legal documentation.

A solicitor reviews documents.

A surveyor / engineer sees the physical building.

Those roles work together.

Example:

The surveyor identifies a large rear extension.

Your solicitor can then ask:

  • Was planning required?
  • Was permission obtained?
  • Was the work exempt?
  • Are compliance certificates available?

That is why the survey should reach the solicitor before contracts are signed.

Searches

Your solicitor carries out or arranges searches to check for issues that could affect the transfer.

The exact searches depend on the transaction.

These can help identify matters relating to:

  • judgments;
  • bankruptcy;
  • planning;
  • property registration;
  • and other legal interests.

Pre-contract enquiries

If information is unclear, your solicitor raises queries with the seller’s solicitor.

This back-and-forth is a common source of delay.

Typical issues can involve:

  • missing certificates;
  • planning;
  • boundary discrepancies;
  • rights of way;
  • probate;
  • management companies;
  • family-law documentation;
  • title mapping;
  • unpaid charges.

The absence of visible activity does not mean nothing is happening.

When do you become legally bound?

In an ordinary private-treaty purchase, the transaction generally becomes binding when contracts have been signed and exchanged according to the legal process.

Before that, the buyer can usually withdraw and the booking deposit is generally refundable.

After contracts become binding, withdrawing can have serious legal and financial consequences.

Do not sign until:

  • finance is in place;
  • survey issues are understood;
  • title questions are resolved to your solicitor’s satisfaction;
  • and you are ready to complete.

Contract deposit

At contract stage, a larger deposit may be payable, with the booking deposit credited toward it.

Your solicitor will explain the amount and timing.

Make sure your cash-flow plan knows when the money is required.

A deposit that exists in an investment account but takes a week to access can still create a closing problem.

Stamp duty

Your solicitor usually handles the Stamp Duty return and payment as part of conveyancing.

Current standard residential rates are:

Up to €1m1%
€1m–€1.5m2%

On the portion within this band.

Above €1.5m6%

On the portion above €1.5m.

These rates have applied since 2 October 2024.

Use the Stamp Duty Calculator for the exact band arithmetic.

Registration

After closing, the change of ownership and the lender’s security need to be registered.

Your solicitor handles this with Tailte Éireann / Land Registry as appropriate.

You may already have the keys while post-closing registration work continues.

Apartments and management companies

Apartment conveyancing has additional layers.

Your solicitor may need to review:

  • Owners’ Management Company;
  • service charges;
  • sinking fund;
  • block insurance;
  • membership/share arrangements;
  • common areas;
  • leases;
  • house rules;
  • planned expenditure;
  • arrears;
  • and relevant compliance information.

Ask for the annual service charge early.

It is part of your housing cost.

New-build contracts

New-build contracts often include builder-specific terms and deadlines.

You may also need to coordinate:

  • HTB;
  • First Home Scheme;
  • stage documentation;
  • snagging;
  • completion notice;
  • mortgage expiry;
  • and final valuation.

Your solicitor should understand the specific development documentation.

Probate sales

If the property is being sold from a deceased person’s estate, probate can affect timing.

Do not assume a normal closing timeline.

Ask whether the seller already has the legal authority needed to complete.

Why conveyancing gets delayed

Common issues include:

  • documents arriving late;
  • incomplete title;
  • planning or compliance issues;
  • probate;
  • lender conditions;
  • survey issues;
  • management-company information;
  • chains involving other purchases/sales.

The CCPC’s home-buying research found delays are a meaningful consumer issue.

Engaging the solicitor early and answering requests quickly will not remove every delay, but it prevents you from being the cause.

What you can control

Reply quickly

Provide requested identification, funds evidence and signed documents promptly.

Send the survey

Make sure physical issues reach your solicitor before contract.

Keep finance current

Watch AIP/offer expiry dates.

Ask for blockers

Get a clear list of outstanding items rather than “waiting on legal”.

Keep cash accessible

Contract and closing funds may be required at short notice.

Avoid fixed moving dates

Until closing is genuinely ready, timelines can move.

Frequently asked questions

How much does a solicitor cost to buy a house in Ireland?

Fees vary. Ask for a written estimate showing professional fee, VAT, registration/search fees and other outlays.

When is a house purchase legally binding?

In a normal private-treaty sale, generally when the contracts have been signed/exchanged through the conveyancing process.

Who pays stamp duty?

The buyer is liable. The solicitor generally handles the filing/payment as part of the transaction.

What does conveyancing mean?

It is the legal work required to transfer ownership, check title and complete registration and related purchase formalities.

NEXT CHAPTER Once the legal and property checks are progressing, choose the debt itself.

Chapter 7 compares fixed and variable rates, cashback, overpayment flexibility and the mortgage term.

Chapter 7 — Choosing Your Mortgage →

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