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First registration for a house

  • 12-08-2015 7:45am
    #1
    Registered Users, Registered Users 2 Posts: 12


    Hi,

    I'm in the process of purchasing a house for 250K, my solicitor had given me a fixed price for the work which I was happy with. When she received the copy deeds of the house she informed me that we have to submit an application for First Registration, when I enquirred about costs, below was her reply

    First Registration Application may be done by submitting a Form 3 where a Solicitor Certifies the title and the application fee for this is €130. The application fee for all other first registration applications other than in a form 3 are €500. This fee is the property registration authority fee and not our fee. If searches are required the searches are usually additional to those which are quoted for in a normal transaction. It is difficult to say if additional searches would be required at this point however if they were required they could cost €450-500. Once we receive a reply from Browne and Co we will have a better idea as to which application can be made. We do not have all the necessary documentation yet to allow us to determine which application should be made. In addition our professional fee for the first registration application will be €800 plus Vat @23%.

    I feel my solicitor's professional fee is excessive along with the potential high cost for additional searches (the current owner of the house built it therefore I wouldn't expect the searches to be too in depth).

    Can anyone please advise as the the process and cost regarding First registration, any help much appreciate


Comments

  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Being sold by private vendor or receivers / banks?


  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    being sold by private vendor


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    the seller should do this and there may be other issues here so be careful

    he may not have proper title to the land so you may find a caution against first registration lodged by some disgruntled party.
    You lawyer will be quite happy to ramp up the fees "sorting out" this mess at your expense so do some more research before agreeing to any of this.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Moderators, Society & Culture Moderators Posts: 40,360 Mod ✭✭✭✭Gumbo


    Isint this standard practice now?

    Land Registry require all house sales to be registered straight away since 2011 IIRC. Before that the owner could just sign away and they didnt have to actually lodge the documents.

    We bought again recently and we had to pay these costs too, it was standard practice across every Solicitor i rang in Dublin while getting quotes and its a fixed fee that cannot be altered.
    the current owner of the house built it therefore I wouldn't expect the searches to be too in depth

    Are all the required documents in place? Compliance with Planning and Building Regulations?


  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    thanks for replies,

    yes I think it's standard practice, but the bit I'm not sure about is all the fees. Does the "first registration fee (of either €103 or €500 depending on type (?) of First registration) replace the Land registry fee of €700 - at the minute my solicitor is saying I have to pay both.
    Rang a couple of solicitors in the area and was given differing account each time ....very confusing, some saying one replaces the other, some just unclear

    Again any help greatly received


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  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    Also all other docs re building regs are inplace


  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    im still confused as to why the vendor isnt picking up that charge?


  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    I have been told by solicitor and PRA it's purchasers responsibility. -thinking of trying to get estate agent to negotiate with vendor
    More concerned that I'm paying 2 fees that might not be necessary


  • Moderators, Society & Culture Moderators Posts: 40,360 Mod ✭✭✭✭Gumbo


    sydthebeat wrote: »
    im still confused as to why the vendor isnt picking up that charge?

    It has to be done by each purchaser each time. So if I was to buy it from the OP next year, I'd have to pay these fees again myself.


  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    I understand that I have to pay a registration fee, but surely not both, ie first registration and land registry??


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  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    kceire wrote: »
    It has to be done by each purchaser each time. So if I was to buy it from the OP next year, I'd have to pay these fees again myself.

    that doesnt sound like a "first registration" though.

    I can understand why the work involved for both a solicitor and the PRA is much greater for a dwelling to be first registered, but every sale after that should be easier as all the title deeds, folios etc have been processed.

    i just found this
    If the title to the property is vouched for by old-fashioned Deeds, and the property has never been registered in the Land Registry, then your solicitor will be required by law to make a special application for “first registration” in the Land Registry for you. The Land Registry fees can be reduced to €130.00 in that case, but your solicitor will charge an additional professional fee as she will have extra work to do, and she will become responsible for “certifying” the title to the Land Registry.
    from here


  • Moderators, Society & Culture Moderators Posts: 40,360 Mod ✭✭✭✭Gumbo


    sydthebeat wrote: »
    that doesnt sound like a "first registration" though.

    I can understand why the work involved for both a solicitor and the PRA is much greater for a dwelling to be first registered, but every sale after that should be easier as all the title deeds, folios etc have been processed.

    i just found this

    from here

    I may have the wording mixed up but the PRA is that I had to pay was €700 to transfer the transfer, €175 to register the mortgage and €40 to get a copy of the deed showing me as the registered owner.


  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    thanks sydthebeat found that article very interesting


  • Banned (with Prison Access) Posts: 332 ✭✭mcneil


    After reading this thread I don't think my house has been registered. I built it between 2004-2008 with cash, tried to sell it in 2010 but fell through but never remember anything about registering the house!


  • Registered Users, Registered Users 2 Posts: 12 BeginnerDIY


    Hi mcneil, this is a new rule brought in, in last few years I am lead to believe


  • Banned (with Prison Access) Posts: 332 ✭✭mcneil


    Hi mcneil, this is a new rule brought in, in last few years I am lead to believe

    O rgt, must be part of them silly amendments introduced last year. In saying that though, how does a house become legal on deeds. I know I have deeds for my land but when does it officially become on the deeds that there's a house there.


  • Registered Users, Registered Users 2 Posts: 60 ✭✭corajen


    I tried to register my house with PRA but got no where.it was rejected and told to get a solicitor. I wrote back and asked the PRA agent to explain why but got a second letter stating that he is not legally component to give legal advise again told to get a solicitor. I assumed that PRA is a state agency and therefore paid for by tax payer. But this individual would not offer any advise but get a solicitor. I have a three bed semi detached house I have all the deeds etc and own the ground rent. Can anyone state what a solicitor would charge to register the property. As for PRA they don't seems to want to assist in any way they just want you to pay for a solicitor.


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