Vacant Site Requisitions

Conveyancing 06/11/2020

In May 2020, the Conveyancing Committee (as announced in its practice note published in the June 2020 issue of the Gazette) published a briefing note drawing practitioners’ attention to the conveyancing implications of the (as amended by the ).

The act provides for the establishment and maintenance of a register of vacant sites by each individual planning authority, and for the charging of an annual levy on such properties. 

Given the potential impact of the act on property, the committee has prepared an additional requisition on title relating to the act (as set out below), and suggests that it is either furnished by the vendor with the contract for sale, or raised by the purchaser prior to the date of sale. 

The Standard Requisitions on Title will be amended in due course to include this new requisition. 

Urban Regeneration and Housing Act 2015 (as amended) ‘the Act’

  1. Is or was the property a Vacant Site as defined in section 5 of the act and entered on the vacant sites register pursuant to the act. If so, furnish details.
    • a. Has a vacant site levy become due and payable in respect of the property pursuant to the act.
    • b. If so, furnish certificate(s) of discharge for each year a levy was due to the planning authority in respect of the property.
  3. Is the vendor aware of any intention or proposal by the planning authority to enter the property onto the vacant sites register. If so, furnish details.
    • a. Has any notice (including, without limitation, notice of the planning authority’s [or An Bord Pleanála’s] intention or proposal to enter the property onto the vacant sites register, notice of the entry of the property on the vacant sites register and/or notice of the determination of the market value by the planning authority and/or notice under section 11 of the act) or demand been served upon or received by the vendor, or has the vendor notice of any intention or proposal to serve any notice or demand relating to the property or any part of it under or by virtue of the act.
    • b. If so, furnish copies.
    • a. Has the vendor served any appeal or notice on the planning authority, An Bord Pleanála, the Valuation Tribunal, the High Court or any other relevant party under or by virtue of the act relating to the property.
    • b. If so, furnish copies.