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Free Guide to Hiring a Real Estate Lawyer
Real estate law in Ennis follows Irish national law together with planning and building rules administered at county level by Clare County Council. Whether you are buying or selling a home, taking a lease, developing land, or letting a property, a mix of conveyancing, planning, building regulations, landlord and tenant rules, and tax obligations will apply. Most property transactions are handled by solicitors who carry out title checks, manage contracts, and complete the transfer of ownership. Local practicalities - such as planning history, zoning, services and local development contributions - are dealt with through the county council and national bodies that oversee registration and regulation.
Buying or selling property - A solicitor performs title searches, prepares and reviews contracts, handles funds, and registers the transfer. This reduces the risk of defects in title and ensures legal completion.
Mortgage or refinancing - Lenders need legal documentation and registration of mortgages. A solicitor protects your interests and ensures charges are properly registered and discharged.
Leases and rentals - For landlords and tenants, lawyers draft and review lease agreements, advise on rights and obligations, and represent clients in disputes or terminations.
Property disputes - Boundary disputes, rights of way, easements, and adverse possession claims often require legal advice and, where necessary, court representation.
Planning and development - If you plan to develop, subdivide, or change the use of land, a lawyer can advise on planning permission, conditions, developer contributions, and appeals to planning authorities.
New-build issues and defects - Solicitors advise on warranties and guarantees for new homes, and on enforcing remedies under HomeBond or other structural warranty schemes.
Title and registration - Property ownership in Ireland is recorded either in the Land Registry or the Registry of Deeds, both administered by the Property Registration Authority. A solicitor will confirm the registered title and any charges or encumbrances affecting the property.
Conveyancing process - Standard practice involves issuing a contract for sale, solicitor searches and replies, mortgage approval, exchange or signing of contracts, and completion. Searches include planning, water services, local authority charges, and registry checks for encumbrances and bankruptcies.
Planning and development - Clare County Council is the local planning authority. Most building works or material changes of use require planning permission. Appeals from planning decisions are made to An Bord Pleanála.
Building regulations - Building works must comply with national Building Regulations and local building control procedures. Local authority building control officers enforce requirements, and certain works require a commencement notice and completion certificate.
Landlord and tenant law - Residential tenancies are regulated by the Residential Tenancies Board (RTB). Landlords must register tenancies and comply with rules on rent notices, notice periods, and dispute resolution. Commercial leases are governed by contract law and specific landlord-tenant legislation.
Local property tax and development charges - Local Property Tax is administered by the Revenue Commissioners. Development contributions and other local levies may apply to planning permissions under Clare County Council policies.
Estate agency and consumer protections - Estate agents and property service providers are regulated by the Property Services Regulatory Authority. Consumer protections apply to disclosure, marketing and fair dealing practices.
Timelines vary. A straightforward conveyance where finance is ready and there are no title issues may complete in 8 to 12 weeks from when solicitors start work. Complications - such as missing planning permissions, title defects, or delayed mortgage approval - can extend this timeline.
Typical searches include checks at the Property Registration Authority for title and charges, local authority searches for planning history and development contributions, water services queries, bankruptcy and company searches for sellers, and any relevant environmental or rights of way investigations.
Costs include solicitor fees, title survey and searches, Land Registry or Registry of Deeds registration fees, stamp duty, and any estate agent fees if selling. Solicitor fees can be fixed or based on the property value. Always request a written cost estimate and a clear fee agreement before you instruct a solicitor.
Stamp duty is a tax on certain property transactions and is typically paid by the buyer. The rate depends on the nature of the property and the transaction. Your solicitor will calculate the duty payable and advise on submission and payment to the Revenue Commissioners.
While not a legal requirement, a structural survey or building inspection is strongly recommended, especially for older properties or if you notice signs of defects. A survey can reveal issues with foundations, damp, roof structure, and other items that may affect value or require remedial work.
New homes are commonly covered by independent structural warranty schemes such as HomeBond or similar guarantees provided by developers. These warranties vary in scope and duration. A solicitor will check the existence and enforceability of any warranty and advise on remedies for defects.
No. Residential tenancies are protected by law. A landlord must follow statutory notice procedures and, if necessary, seek orders from the Residential Tenancies Board. Unlawful eviction can lead to fines and criminal penalties. Both landlords and tenants should get legal advice before taking any action.
First, review title documents and any existing boundary agreements or plans. Attempt mediation or negotiation. If unresolved, a solicitor can advise on legal remedies including court proceedings for a declaration of title or a partition. Surveys and historical evidence are often necessary.
It depends on the nature of the works. Minor repairs and internal works often do not require permission, but extensions, new constructions, and changes of use usually do. Building regulations and planning permission are separate - some works may need both. Check the planning history and consult Clare County Council or a solicitor when in doubt.
Look for solicitors experienced in conveyancing and property law. Check professional credentials through the Law Society of Ireland, request references, ask for a written costs estimate, and confirm availability and communication practices. Local solicitors will be familiar with Clare County Council processes and common local issues.
Clare County Council - local planning, building control and development information.
Property Registration Authority - information on Land Registry and Registry of Deeds and how titles are recorded.
Revenue Commissioners - guidance on stamp duty and Local Property Tax obligations.
An Bord Pleanála - national appeals body for planning decisions.
Residential Tenancies Board (RTB) - registration and dispute resolution for residential tenancies.
Property Services Regulatory Authority (PSRA) - regulates estate agents and property service providers.
HomeBond and other warranty bodies - information on structural warranties for new homes.
Law Society of Ireland - guidance on finding and instructing solicitors, and professional rules.
Citizens Information - general consumer and legal information relevant to housing and tenancy rights.
1. Gather documents - obtain title documents, planning permission or grant records if available, identification, proof of funds or mortgage approval, and any lease or tenancy agreements. Having these ready will speed legal review.
2. Find and instruct a solicitor - choose a solicitor experienced in property work, ask for a written engagement letter that sets out services, fees and disbursements, and confirm who will handle your matter day to day.
3. Commission surveys - consider a structural survey and a site boundary survey if there is any uncertainty or if planning or development is intended.
4. Conduct searches and investigations - your solicitor will run title, planning and local authority searches and advise on any issues identified.
5. Review costs and funding - ensure you understand stamp duty, registration fees, legal costs and any local development contributions. If using mortgage finance, confirm timing for lender requirements.
6. Resolve issues or negotiate terms - let your solicitor negotiate contract terms, conditions or remediation clauses where necessary, including retention of funds for repairs or conditional completion arrangements.
7. Complete and register - once contracts are completed and funds exchanged, your solicitor will arrange registration of the transfer and any mortgage or charge at the appropriate registration authority.
If you are unsure where to start, a short initial consultation with a local property solicitor will clarify the specific legal steps, likely costs, and any local planning or title issues that affect your matter. Clear, early legal advice helps avoid delays and unexpected liabilities.
