Changes to Registry of Deeds Rules and Fees

On 1 May 2008, the Registration of Deeds Rules 2008 come into operation. The rules can be viewed on the Property Registration Authority (PRA) website at www.prai.ie.

In summary, the effect of the new rules is that:

1) On or after 1 May 2008, there will no longer be a requirement to lodge a memorial. The rules see the introduction of standard application forms, the format of which is set out in the rules.

2) All applications will be allocated a priority number on lodgement and processed in the strict sequential number order allotted on lodgement.

3) On registration, a serial number will be allocated to each application, maintaining such priority.

4) Registration by personal presentation will cease from close of business on 30 April 2008.

5) Any application for registration returned with a query on or before 30 April 2008 and lodged subsequently on or after 1 May 2008 will be treated as a new application. It will be necessary in these cases to lodge the following:

• Application form,
• Original deed,
• Additional fees in the sum of €6, that is, the difference between the old memorial fee and the new application form fee, and
• The memorial as evidence that the original fee has been paid.

6) Common and negative searches will be replaced from 1 May 2008 with an official search.

Registry of Deeds (Fees) Order 2008

On 1 May 2008, the Registry of Deeds (Fees) Order 2008, which provides for a revised scale of fees in respect of Registry of Deeds applications, comes into operation.

The most commonly used application fees increase as follows:

1) Registration of a deed – €50,
2) Registration of a vacated mortgage – €20,
3) Resubmission of a deed and application – €20. This fee increase does not come into operation until 4 August 2008. The fees order can be viewed on the PRA website at www.prai.ie.

All practitioners should now familiarise themselves with the Registration of Deeds Rules 2008 and the Registry of Deeds (Fees) Order 2008.