By Brian Hunt

Few issues have captured the attention of policymakers and the public quite like the housing crisis. From supply shortages to regulatory delays, the complexity of the challenge demands coordinated, pragmatic solutions across multiple sectors.

We know that outdated systems and legislation are significantly contributing to delays, additional costs, and stress for those buying and selling homes.  

We also know that conveyancing is an area of huge importance to solicitors, with almost 7 in 10 of our members involved in conveyancing. When asked about their experience with Tailte Éireann in our recent Law Society of Ireland survey, 69% indicated they always or regularly experienced delays in completing property registrations.  

From the outset, the Law Society identified six priority actions to improve efficiencies in the conveyancing process. These include addressing delays with:

• taking up title deeds,
• planning matters,
• taking up roads and services certificates,
• Statutory Declarations,
• Land Registry, and
• property taxes.

The work being progressed by the Conveyancing and Probate Implementation Group – as part of the Government’s Housing for All Initiative - captures many of the Law Society’s recommendations and objectives. Deborah Leonard (Solicitor at the Law Society of Ireland) is the Law Society’s current representative on the Conveyancing and Probate Implementation Group. Her predecessor was Michael Walsh (Partner and Chair of Property at Byrne Wallace Shields LLP).

A progress report was recently published by the Implementation Group, so this seems like an opportune time to provide a brief update on some important developments.

1. Title Deeds Delays – Regulation 175 and Industry Collaboration

Delays in the release of title deeds - particularly from banks and credit servicing firms - were significantly slowing down the start of property sales. Much of the delay stemmed from complex AML/Customer Due Diligence requirements.

Following sustained engagement by the Law Society, the Central Bank of Ireland has amended the Consumer Protection Code with the addition of Regulation 175, obliging relevant institutions to release title deeds within 10 days of a valid request. This is due to come into effect in March 2026. This will be a welcome measure for home buyers and solicitors who are understandably frustrated by having to wait weeks if not months to receive title deeds.

2. Local Authorities and Delays in Roads & Services Certification

There are 31 local authorities across Ireland, and the procedures for handling requests for certificates confirming the taking-in-charge status of roads and services can vary significantly between authorities.

Delays ranging from 4 to 10 weeks have been a shared frustration for both consumers and solicitors, as sales cannot complete without the certificate to confirm the position. Fees for obtaining the certificate varies significantly amongst local authorities with some charging €70 and others charging €100 for the certificate.

A national target has now been proposed: local authorities are expected to respond to valid requests within 10 working days (except in complex cases). The development of www.mycoco.ie, a centralised local authority portal, is a key part of this initiative.

The Law Society is also working directly with the Local Government Management Agency (LGMA) to help develop and pilot a standardised request and reply system for solicitors in respect of requests for certificates confirming the taking-in-charge status of roads and services. While the initiative is currently at pilot stage, full rollout is expected over the coming months.

3. Replacing Statutory Declarations with Statements of Truth

The Statutory Declarations Act 1938 requires physical or wet ink signatures on certain legal documents, forcing clients to attend in person before a third-party solicitor - often more than once. This is inefficient, costly, and out of step with modern digital practices.

Following continued engagement with government, statutory declarations will be replaced with Statements of Truth - a long-standing recommendation from the Law Society.  

4. Planning Law Reform – Introducing ‘Established Non-Conforming Developments’

Currently, conveyancing solicitors must verify a property’s planning compliance as far back as 1964, even though many local authorities don’t maintain usable records for pre-2000 developments. This often forces sellers to apply for costly and time-consuming retention permission.  

We have consistently called for government to recognise a third class of development through the introduction of Established Non-Conforming Development (E.N.D.). This would provide a way to regularise unresolved issues with older properties where planning records no longer exist, or where the development has existed for a period in excess of 15 years.

We continue our engagement with the Implementation Group on this issue and will be in a position to update members on future developments.

What’s Next? Turning Momentum into Reform

The bottlenecks in our legal and administrative systems must be addressed.

We now have a real opportunity to deliver reforms that will make property transactions faster, fairer, and more affordable for consumers and alleviate pressures on practitioners. The Government’s commitment to ensuring that the conveyancing process can be completed within an eight-week timeframe is a very welcome development, offering greater transparency and efficiency for both consumers and solicitors.

The Law Society will continue to work and push for reform of the issues affecting solicitors, including RZLT, LPT, and the Temporary Development Waiver Contribution Scheme, to name but a few.

Reform is needed - not only for the benefit of our members, but for the thousands of people trying to buy or sell a home in Ireland each year.