‘Progress’ on plans to speed up conveyancing
A group set up to implement measures aimed at speeding up the conveyancing and probate processes says that “substantial progress” has been made.
It has described some areas, however, as “stickier”, saying that some recommendations could not be brought to a definitive conclusion.
The expert group’s report, published last year, called for a target turnaround time of eight weeks for completing both processes and made 33 recommendations.
, published today (25 June), says that 18 of the 33 recommendations “are implemented or on an immediately foreseeable implementation path”.
It says that the measures taken forward so far “should support” the achievement of the eight-week target.
Taoiseach Micheál Martin said that the implementation group’s work would continue for another six months, to focus on making further improvements and monitoring progress on the expert group’s recommendations.
Title deeds
The implementation group says that progress achieved so far includes the development of a public-information pack to improve knowledge of the process, which will be available shortly on the Government website .
The group has also developed a ‘Best Practice Charter’, setting out principles to be followed by the main professions involved in conveyancing – estate agents, surveyors, and solicitors.
The group notes that the Central Bank’s revised Consumer Protection Code contains a new requirement for banks, retail credit firms, and credit-servicing firms relating to the provision of title deeds within ten working days.
The group also notes that the Courts Service is rolling out a significant reform programme to the probate process, which has already seen a reduction in processing times. The development of a comprehensive end-to-end digitised e-probate system is due to go live in the third quarter of this year.
Local authorities
A new centralised system for making, and paying for, ‘taking in charge’ requests is to be implemented this year across local authorities who do not already have this, but the group warns that “ a significant problem remains” with availability of old planning information where this is required in a conveyancing process.
Legislation is to be prepared later in the year to support increased use of Statements of Truth to replace certain hard-copy affidavits or statutory declarations in the conveyancing process.
The implementation group says that the introduction of e-conveyancing in Ireland would be “a significant undertaking with a high level of complexity and cost, and a broad stakeholder base”.
It says that it has set out a proposed programme of implementation stages and potential delivery mechanisms, adding that, to be implemented successfully, this issue would need “a clear and unequivocal mandate from Government”.
‘Wet ink’ signatures
Other recommendations that will take longer to implement include a proposal to remove the requirement for ‘wet ink’ signatures for the registration of property.
The group says that this will require digital infrastructure that will allow for the secure transfer of deeds on property, which will need to align with the development of e-conveyancing.
In addition, Tailte Éireann also need to develop digital systems that can accept the transfer of deeds.
Backing for Law Society proposal
The group noted differences of opinion on the current requirement to look back 60 years for the planning history of a property.
It recommends that the Government should consider authorising legislative amendments to create a new category of ‘established non-conforming development’ – as previously recommended by the Law Society.
Alternatively, it says that the Government should look at removing any future liability or detriment for a purchaser or lender arising from the existence of an old unauthorised development on land that is covered by the enforcement time-bar put in place in the 2000 planning legislation.
The implementation of a measure to accelerate the registration of around 300,000 titles that remain unregistered in Ireland has been deferred “in the context of ongoing efforts within Tailte Éireann to improve customer service, delivery timeline, and to manage the casework in respect of ongoing applications for first registrations of properties”.