In a recent Post to Irish Solicitors dated 19th August 2025 Dr Brian Hunt, Law Society Director of Policy, shared details of recent work by the Law Society to reform and improve the conveyancing process.
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. Outdated systems and legislation are significantly contributing to delays, additional costs, and stress for those buying and selling homes. Solicitors can often be blamed for those delays, where the delays are occurring in third party systems on which these solicitors rely in the conveyancing process.
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 from Banks,
- 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.
A progress report was recently published by the Implementation Group. This is a brief update on some important developments.
- 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.
- 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.
- 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.
- 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.
The Law Society has 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.
The Law Society continues their engagement with the Implementation Group on this issue.
What’s Next? Turning Momentum into Reform
The bottlenecks in our legal and administrative systems must be addressed. The Law Society advises that it 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 Solicitors, but for the thousands of people trying to buy or sell a home in Ireland each year.
For further information on property transactions you should contact:
Brian Morgan
Morgan McManus Solicitors
Web: www.morganmcmanus.com
Email: bmorgan@morganmcmanus.ie
Ph. No.: 00353 47 51011
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