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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence in Gorey, County Wexford, is the process of checking legal, planning, physical and financial matters before buying, selling or investing in land or buildings. In Ireland, due diligence normally focuses on title and ownership, planning permission and compliance, building control, environmental risks, taxes and charges, and ongoing liabilities such as leases, easements and covenants. Gorey properties are subject to national Irish law and to local plans and controls administered by Wexford County Council and the Gorey municipal area. Proper due diligence reduces the risk of unexpected costs, enforcement action or limits on how you can use the property.
- Buying or selling residential property - to examine title, prepare contracts, manage stamp duty and register the transfer.
- Purchasing commercial property or land - to review leases, tenant covenants, rent reviews, planning history and state of title.
- Re-mortgaging or refinancing - to ensure the lender has clear security and to check for additional charges or restrictions.
- Development or change of use - to confirm planning permissions, conditions, bonds, and any pre-conditions for commencement.
- Boundary disputes, rights of way or easements - to advise on legal remedies and to clarify obligations affecting the site.
- Environmental or contamination concerns - to commission and interpret site assessments and to advise on liability and remediation obligations.
- Dealing with protected structures or heritage constraints - to advise on legal limits, required consents and potential costs for works.
- Complex transactions involving multiple parties, title issues or inherited property - to resolve defects in title and to structure the transaction correctly.
- Title and registration - Most Irish property transactions are processed through the Property Registration Authority of Ireland. Properties may be registered in the Land Registry or unregistered in the Registry of Deeds. A solicitor will check folio details, deeds, mortgages and any entries affecting the property.
- Planning and development - Planning permission and compliance are governed by the Planning and Development Acts and administered locally by Wexford County Council. Relevant items include planning history, conditions of permission, planning enforcement notices, and local area plan and county development plan zoning.
- Building control - Building works must comply with Irish Building Regulations and be notified through the Building Control Management System where required. Certificates of compliance on completion may be needed when selling or transferring property.
- Protected structures and conservation - Properties listed on the Record of Protected Structures are subject to restrictions on alterations and may require specialised consents and approaches to repair.
- Environmental and water laws - Site investigations may be necessary to assess contamination risk, protected habitats, and wastewater or septic systems. National environmental laws and EPA guidance can affect use and development.
- Flood risk - Flooding can be a material issue in parts of County Wexford. Flood risk assessments and insurance considerations are often part of due diligence.
- Easements, covenants and rights - Legal rights of way, restrictive covenants, party wall and boundary obligations must be checked and documented.
- Taxes and charges - Stamp duty, Local Property Tax and income or capital taxes can arise on transactions. Checks should be made for outstanding rates, charges, or local authority charges that may transfer with the property.
- Landlord and tenant - For leased properties, Irish landlord and tenant law, lease terms, security deposits and tenant covenants are central to assessing value and liabilities.
Instruction of a solicitor experienced in Irish conveyancing is the usual first step. Your solicitor will request title documents from the seller, search the Land Registry or Registry of Deeds, and advise on any immediate legal risks before you sign a contract or pay a deposit.
Ownership is checked through the Property Registration Authority records for registered folios or through the Registry of Deeds for older unregistered properties. A solicitor will obtain and examine the title documents and form an opinion on the seller s right to sell and any outstanding encumbrances.
You should obtain a planning searches report from Wexford County Council showing the planning history, any unimplemented permissions, enforcement records and conditions. You should also check the Wexford County Development Plan and any relevant local area plan affecting Gorey.
Yes - a professional building survey by a chartered surveyor is recommended for most purchases. For development sites or older buildings, you may need specialist timber, damp or structural investigations to identify defects that affect cost and safety.
The Record of Protected Structures is maintained by Wexford County Council. Your solicitor or a planning consultant can confirm whether the property is listed and explain the implications for works, consents and potential costs.
Typical checks include historical land use searches, a desktop environmental risk screen and, if indicated, a Phase 1 environmental site assessment. For higher risk sites, a Phase 2 ground investigation may be required to assess contamination and remediation costs.
Your solicitor will review title maps and deeds and may recommend a boundary survey if ownership of boundaries is unclear. Searches should reveal registered easements or public rights of way; physical inspection and discussion with neighbours can also be necessary.
For investment or mixed-use properties, solicitors need to review all leases, tenant payment history, rent review provisions, break clauses and landlord obligations. You should also check for any statutory tenancy protections that may affect vacant possession.
Buyers normally pay for searches, surveys and stamp duty, though this can be negotiated in private sales. Legal fees are typically borne by the party who instructs the solicitor, and costs should be made clear in a written engagement letter.
Timescales vary - a straightforward residential purchase with clear title can take a few weeks to a few months. Complex transactions, issues with title, or the need for planning or environmental clearance can extend the process. Allow for sufficient time in your purchase timetable.
- Wexford County Council - for planning, local development plans, planning register, and the Record of Protected Structures.
- Property Registration Authority of Ireland - for Land Registry and Registry of Deeds searches and folio information.
- Revenue Commissioners - for current information on stamp duty, taxes and compliance obligations.
- Environmental Protection Agency - for environmental guidance and contaminated land information.
- Office of Public Works - for flood maps and flood risk information relevant to Gorey and County Wexford.
- Law Society of Ireland - for information on choosing and instructing a solicitor and for lists of practitioners.
- Citizens Information - for general explanations of property and planning rights in Ireland.
- Society of Chartered Surveyors Ireland - to find a chartered surveyor for building and valuation reports.
- Building Control Management System - for building notice and compliance submission requirements.
- Gather basic property information - address, folio number if known, planning references and the seller s details. This speeds up early checks.
- Choose a solicitor with conveyancing experience in County Wexford and, ideally, in Gorey transactions. Ask about experience, expected fees and a timeline for the work.
- Commission a survey - instruct a chartered surveyor for a pre- purchase inspection and a more detailed structural or environmental assessment if needed.
- Instruct your solicitor to carry out searches - title, land registry or registry of deeds search, planning history with Wexford County Council, and any local authority charges.
- Review all documentation - contracts, title reports, planning permissions, building control certificates, leases and environmental reports. Your solicitor will advise on warranties, conditions and any special covenants.
- Arrange finance and check lender requirements - mortgage offers often contain conditions that affect timing and what searches are required.
- Complete and register - once conditions are met and funds are in place, your solicitor will complete the purchase, pay stamp duty and register the transfer with the Property Registration Authority.
- Post-completion tasks - ensure payment of any local taxes, register any new charges or leases, and maintain documentation such as the registered folio and planning permissions. Consider title insurance if there are unresolved title defects.
Final note - This guide provides general information only and is not a substitute for tailored legal advice. Property law can be complex and fact-sensitive. If you are considering a transaction in Gorey, instruct a qualified solicitor early so you can identify and manage legal risks promptly.
