Submission to the Joint Oireachtas Committee on Justice, Seller’s Legal Pack for Property Buyers Bill 2021
SCSI has submitted its comments and recommendations on the Seller’s Legal Pack for Property Buyers Bill 2021 to the Joint Oireachtas Committee on Justice. Representing 6,500 members across various property-related disciplines, the SCSI submission provides expert commentary on the Bill to help streamline the property sales and conveyance process, aiming to speed up transactions without additional costs or delays to buyers and sellers.
Summary of Recommendations and Comments:
- General Support and E-Conveyancing Advocacy: SCSI supports efforts to streamline property transactions and advocates for the urgent implementation of e-conveyancing to address root causes of delays rather than front-loading requirements.
- Architect’s Certificate of Compliance: Recommend specifying ‘Registered Building Surveyor’ for clarity as per Building Control Act 2007 regulations.
- Planning Permissions and Building Regulations Documents: Suggest explicitly naming the ‘Certificate of Compliance on Completion’ within the Bill.
- Receipts for Financial Conditions: Request further clarity on the requirement, assuming it relates to local authority receipts for development contributions.
- Local Property History Details: Recommend providing additional details to avoid misinterpretation.
- BER Certificate and Non-Private Residence Charge: Clarify that these are separate matters within the bill, with BER already legislated as per EPBD and the non-private residence charge relating to Property Tax.
- Inclusion of Additional Documents: Request clarity on who decides to include or exclude additional items in the Seller’s Legal Pack.
- Property Surveyor’s or Engineer’s Report: Recommend the Bill accurately reflect that building surveyors, architects, and engineers typically provide pre-purchase survey reports, and highlight potential Professional Indemnity and ‘Caveat Emptor’ implications.
- Safety, Building, Repair, or Maintenance Work Documentation: Express concern that this requirement is too broad and could burden sellers