• PRE-CONTRACT QUESTIONNAIRE FOR PROPERTY SALE 

  • FULL ADDRESS OF PROPERTY BEING SOLD (INCLUDING EIRCODE)

  • Main Contact Details

  • 2017 Edition.
    Issued jointly by and © Law Society of Ireland and Dublin Solicitors Bar Association.

     

  • PRE-CONTRACT QUESTIONNAIRE FOR PROPERTY SALE

    Please complete this form carefully.

  • If this questionnaire is used for the purpose of a mortgage loan where the borrower is already the owner of the property,
    ‘vendor’ shall read ‘borrower’ and ‘purchaser’ shall read ‘bank’ where appropriate.
    Please complete this form carefully. It is very important that your answers are correct because the information will be given
    to the purchaser who will rely on them.
    For many of the questions you need only tick the correct answer. It does not matter if you do not know the answer to any
    question so long as you say so. If there are any questions that you do not understand, please contact us.
    If the information you have provided changes after you fill in this questionnaire

  • Your Details

    (If there are three or more owners, please fill out separate sheets/separate online forms for questions 1.1.1 to 1.1.11 in respect of the third and further owners)

  • Please complete the following personal details.

  • DETAILS OF OWNER 1:

  • 1.1.2 Have you ever used any other name or variant of your name in Irish, English or any other language?

  • 1.1.3 Your address, including Eircode (for correspondence)

  • 1.1.4 Please provide your contact details

  • 1.1.5 Anti-money-laundering requirements

    Please bring the originals of the following when coming to see your solicitor. Copies will be taken and kept by your solicitor and the originals will be returned by you:

    • Photo ID, such as current passport, driver's licence or state-issued identity card with photograph. [BRING]
    • Proof of address dated within the past 3 months, such as a utility bill for gas, electricity, water, or a letter from your bank or Revenue. [BRING]

     

  • 1.1.6 (a) What is your current family law status?

  • Please bring your state marriage certificate. Your spouse must consent to any mortgage if the property is not in joint names and you both ordinarily reside or intend residing there.

  • Please bring your state marriage certificate and your spouse’s death certificate.

  • Please bring your state marriage certificate and either a deed of separation, court order, or deed of waiver.

  • Please bring your state marriage certificate and either a court order or deed of waiver.

  • Please bring your civil partnership registration certificate.
    Your civil partner must consent to any mortgage if the
    property is not in joint names and you both ordinarily
    reside or intend residing there.

  • Please bring your civil partnership registration certificate
    AND
    Deceased civil partner’s death certificate

  • Please bring your civil partnership registration certificate
    AND
    Decree of dissolution of civil partnership

  • 1.1.7 Do or did you and your spouse / civil partner /cohabitant ordinarily reside in the property?

  • 1.1.8 In relation to your marriage or civil partnership or your cohabitation, are you or have you been involved in any family
    law litigation or has any been threatened in –

  • (a) Ireland?
  • (b) Any other jurisdiction?
  • Tax Type
  • 1.1.10 Are you resident in Ireland for tax purposes?
  • 1.1.11 Have you ever been adjudged bankrupt?
  • 1.1.12 Have you entered into any kind of personal insolvency arrangement with your creditors?

  • DETAILS OF OWNER 2:

  • 1.2.2 Have you ever used any other name or variant of your name in Irish, English or any other language?

  • 1.2.3 Your address, including Eircode (for correspondence)

  • 1.2.4 Please provide your contact details

  • 1.2.5 Anti-money-laundering requirements

    Please bring the originals of the following when coming to see your solicitor. Copies will be taken and kept by your solicitor and the originals will be returned by you:

    • Photo ID, such as current passport, driver's licence or state-issued identity card with photograph. [BRING]
    • Proof of address dated within the past 3 months, such as a utility bill for gas, electricity, water, or a letter from your bank or Revenue. [BRING]

     

  • 1.2.6 (a) What is your current family law status?

  • Please bring your state marriage certificate. Your spouse must consent to any mortgage if the property is not in joint names and you both ordinarily reside or intend residing there.

  • Please bring your state marriage certificate and your spouse’s death certificate.

  • Please bring your state marriage certificate and either a deed of separation, court order, or deed of waiver.

  • Please bring your state marriage certificate and either a court order or deed of waiver.

  • Please bring your civil partnership registration certificate.
    Your civil partner must consent to any mortgage if the
    property is not in joint names and you both ordinarily
    reside or intend residing there.

  • Please bring your civil partnership registration certificate
    AND
    Deceased civil partner’s death certificate

  • Please bring your civil partnership registration certificate
    AND
    Decree of dissolution of civil partnership

  • 1.2.7 Do or did you and your spouse / civil partner /cohabitant ordinarily reside in the property?

  • 1.2.8 In relation to your marriage or civil partnership or your cohabitation, are you or have you been involved in any family
    law litigation or has any been threatened in –

  • (a) Ireland?
  • (b) Any other jurisdiction?
  • Tax Type
  • 1.2.10 Are you a resident in Ireland for tax purposes?
  • 1.2.11 Have you ever been adjudged bankrupt?
  • 1.2.12 Have you ever entered into any kind of personal insolvency arrangement with your creditors?

  • Transaction and Property Details

  • 2.1 What type of property is it?
  • 2.2 (b) Have you yet found a purchaser?
  • 2.4 (a) Are there any contents included in the sale price?
  • 2.4 (b) Do you own outright all contents included in the sale price?
  • 2.5 When do you hope to complete the sale?
     - -
    2 digit month, 2 digit day, 4 digit year

  • (In the case of a sale, the completion date (which will have to be agreed with the purchaser) is the day by which you must vacate the property and have removed all your belongings, but leaving those items that you have agreed to sell to the purchaser. In the case of a mortgage, the completion date (which will have to be agreed with the bank) is the day on which the bank releases your loan monies.)

  • 2.6 Does the property, or the development in which it is situate, consist of a block of 5 or more storeys (including the basement)?
  • 2.7 Does anyone other than the owners and their immediate family, occupy the property?
  • 2.8 (a) Is the property an apartment or is it situated in a privately managed development?
  • 2.8 (c) Is a designated car parking space included in the purchase price?
  • 2.9 Where are the title deeds of the property?

  • 3. MORTGAGES / INCUMBRANCES / PROCEEDINGS

    This section applies to gas, electrical and water supplies and sewage disposal. Where you have answered, “not known” to one of the following questions, you will need to ask your architect or engineer to confirm the position.
  • 3.1 Is the property subject to any mortgage or charge?
  • 3.2(a) Have you ever received a grant in respect of the property?
  • 3.2 (b) If you answered 'Yes' , is any part of the grant repayable?
  • 3.3 Is the property liable to the NPPR (non-principal private residence) charge?

  • (This applies to non-principal private residences from 31 July 2009 to 31 March 2013 both inclusive. See www.nppr.ie)

  • 3.4 Is the property liable to the household charge? (This applies to dwelling houses for the year 2012. See www.householdcharge.ie)
  • 3.5 Is the property liable to LPT (local property tax)? (This applies to all dwellings since 2013. See www.revenue.ie)
  • 3.6 Is the property subject to a nursing home charge under the Fair Deal Scheme? (See: www.hse.ie)
  • 3.7 Has anyone obtained a money judgement against you?
  • 3.8 Has a fine (to include costs, compensation or expenses) in excess of €500 been imposed on you by a court as a result of being convicted of an offence?
  • If you answered ‘Yes’ and the fine remains unpaid, has a recovery order (pursuant to the provisions of the Fines (Payment and Recovery) Act 2014) been made by the court whereby an approved person or sheriff has been appointed as a receiver to collect the fine?
  • 3.9 Is anyone suing you or threatening to sue you in connection with the property? ( for example, a right of residence, by contributing towards the cost of buying it, paying for improvements, contributing or helping the owner(s) to make the mortgage repayments, etc)
  • 3.10 Does anyone other than the owners have any rights to the property?

  • 4. Outgoings

  • 4.1 (a) Is the property liable for commercial rates?
  • 4.1 (b) Is the property liable for commercial water rates?
  • 4.2(a) Has there been any notice of any change in the rateable valuation of the property?
  • 4.3.Is the property subject to any other periodic or annual charge?
  • 4.4 Is the property liable for water charges? (Water charges apply to dwellings since 1 January 2015. See www.irishwater.ie NOTE that solicitors acting for vendors are legally obliged to deduct any unpaid water charges from sale proceeds and pay them to Irish Water)

  • 5. Taxation

    (Note: Depending on the circumstances, you may require specialist tax advice.)
  • 5.1 (a) Is the property your principal place of residence?
  • 5.1 (b) If you have answered ‘YES’, has this always been the case?
  • 5.1 (c) Is there more than one acre of ground being sold with the house?
  • 5.2 Does the sale price suggest that the property may have development potential?
  • 5.3 Is VAT chargeable on the sale price?
  • Is the property (select one only) -

  • (NOTE: If you answered ‘mixed’, an auctioneer’s valuation reflecting the agreed apportionment will be required)

  • 6. Boundaries

    ‘Boundary’ means any fence, wall, hedge or ditch which marks the edge of your property.

  • 6.1 Looking towards the property from the road, who either owns or accepts responsibility for –

  • (a) the boundary on the left?
  • (b) the boundary on the right?
  • (c) the boundary at the back
  • 6.3 Are you involved in any dispute with your neighbours about boundaries?
  • 6.4 Are there any written agreements about any of the boundaries?

  • 7. Notices

  • 7.1 Have you either sent or received any letters or notices that affect your property in any way, including compulsory purchase orders? (for example, from or to neighbours, the local authority, a government department, a statutory body or a utility provider etc, excluding routine bills)

  • 8. SERVICES AND UTILITIES

    This section applies to gas, electrical and water supplies, sewage disposal and television reception.
  • 8.1 Please tick which services are connected to the property:

  • 8.2 If the property has television reception –

  • (a) Please indicate how this service is received
  • (b) If serviced by a satellite dish or aerial that is owned by you, will it be included in the sale price?
  • 8.3 Do any drains, pipes or wires for these services cross any neighbour’s property?
  • 8.4(a) If the property obtains its water supply from a well, is this well on the property?
  • 8.4(b) Does the property obtain its water supply from a group water scheme?
  • 8.5 If the property drains into a septic tank, is the tank and its percolation area on the property?
  • 8.6 Do any drains, pipes, wires or cables which service another property pass over or under the property?
  • 8.7 Is there a well or septic tank on the property that services another property?
  • 8.8 Are you aware of any agreement that is not with the deeds about any of these services?
  • 8.9 Does a public road lead directly to the property?
  • 8.10 Are you selling part only of your property?
  • (a) If you answered ‘Yes’, will the purchaser require any rights, such as a right of way or a right to use a well or septic tank on the property retained by you?
  • (b) Will you need to retain any rights over the property being sold?

  • 9. SHARING WITH THE NEIGHBOURS

  • 9.1(a) Do you share the use of anything such as a well, septic tank, driveway or boundary with your neighbour?
  • 9.1(b) If you answered “YES”, do you contribute towards the cost of repairs?
  • 9.2 Do you contribute to the cost of repair or maintenance of anything used by the neighbourhood, such as a private road, etc?
  • 9.3 Do you need to go next door if you have to repair or decorate your building or maintain any of the boundaries?
  • 9.4(a) Do any of your neighbours need to come onto your property to repair or decorate their building or maintain the boundaries or for any other reason?
  • 9.4(b) If you answered ‘Yes’, have you ever objected?

  • 10. ARRANGEMENTS AND RIGHTS

  • 10.1 Are there any formal or informal arrangements that give someone else any rights over your property? ( for example right of way, light, drainage, turbary (turf cutting), fishing, sporting, sight lines, etc )

  • 11. OCCUPIERS

  • 11.1 Will vacant possession of the entire property be handed over to the purchaser?
  • 11.2(a) Are there tenants in the property?
  • 11.2(b) Is there a security deposit?

  • 12. PLANNING AND BUILDING CONTROL (REGULATIONS)

  • 12.1 Do you know when the buildings on the property were constructed?
  • 12.2(a) Have any of the buildings on the property been erected, extended or altered since 1 October 1964?
  • 12.2(b) If you answered ‘Yes’, was planning permission obtained?

  • 12.2(c) Please provide copies of all documentation you have in relation to planning and building regulations.

  • 12.3 Have you ever been notified by the planning authority that the property is a protected structure (listed building) or a proposed protected structure or is subject to any tree preservation orders?
  • 12.4 Are you aware if the property or any part of it is situate in an architectural conservation area, an area of special planning control, an area of special amenity, a landscape conservation area, a strategic development zone or other area designated under the Planning Acts for any specific purpose or objective, or if it is subject to any actual or proposed designation of all or any part of the property whereby it would become liable to compulsory purchase or acquisition for any purpose under the Planning Acts?
  • 12.6(a) Has there been any change of use of the property since 1st October 1964 (for example dividing into flats, combining flats or using part for business use)?
  • 12.6(b) If you answered 'Yes' , was planning permission obtained?

  • 12.6(c) Please provide copies of all documentation you have in relation to planning and building regulations.

  • 12.7 Do you hold - any certificate of compliance from an architect, engineer or surveyor confirming that the work or change of use was carried out in compliance with all necessary permissions and approvals, including building regulations where applicable, or - any certificate of exemption?

  • If you answered ‘Yes’, please provide the original certificate(s)
    (If you answered ‘No’, you will need to obtain appropriate compliance documentation)

  • 12.8 Have you obtained a grant of planning permission at any time which was not acted upon?
  • 12.9 Have you received any notices or letters from the planning or building control authority (for example warning notices, enforcement notices, etc)?
  • 12.10 Is there any agreement in existence with the planning authority, restricting or regulating the development or use of the property?
  • 12.11 Have you or has anyone on your behalf made an application for compensation under the Planning Acts?
  • 12.12(a) Has the property ever been inspected by the fire authority?
  • 12.12(c) Have those requirements been complied with?

  • 13. LEASEHOLD PROPERTY

    This section relates to residential property held under a long lease or a fee farm grant. If you are selling commercial property, we will need to discuss the lease more fully with you.
  • 13.1 Have you received any demand for ground rent within the last 6 years or for fee farm rent within the last 12 years?
  • 13.2 Have you received any notice or correspondence from the landlord in relation to the ground rent or the fee farm rent in the last 6 years or 12 years respectively?

  • 13.3 If you have paid ground rent or fee farm rent please provide us with a receipt

  • 13.4 Have you complied with your lease insofar as you know?
  • 13.5 Have you taken any steps to buy the freehold?

  • If you answered ‘Yes’, please provide any ground rent documents you received from the Land Registry or from your ground landlord concerning the purchase

  • 14. MISCELLANEOUS

  • 14.1 Is there a lake or inland waterway or foreshore on or abutting the property?
  • 14.2 Are you aware of any protected species of birds or animals or flora on the property?
  • 14.3 Are you aware of any National Monument on the property?
  • 14.4 Do the Building Energy Rating (BER) Regulations apply to the property? (These regulations apply to most dwellings and buildings since 1 January 2009, subject to a small number of exemptions
  • 14.5(a) Has the property been tested for radon?

  • If you answered ‘Yes’, please provide a copy of the report of the test

  • 14.5(b) Has any action been taken to reduce radon levels?
  • 14.6 Is there any other information that you think the purchaser may have a right to know?

  • Declaration and Signatures

  • Date
     - -
    2 digit month, 2 digit day, 4 digit year
  • Should be Empty: