Land Registration (Fees) Order 2012

• Jurisdiction: Ireland
• Citation: IR SI 380/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th October, 2012.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 21 (1) of the Registration of Deeds and Title Act 2006 (No. 12 of 2006) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011) ( S.I. No. 138 of 2011 )), and with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. (1) This Order may be cited as the Land Registration (Fees) Order 2012.

(2) This Order shall come into operation on 1st December, 2012.

2. The following Orders are hereby revoked:

(a) Land Registration (Fees) Order, 1999 ( S.I. No. 343 of 1999 );

(b) Land Registration (Fees Relating to Discharges Lodged by Electronic Means) Order 2009 ( S.I. No. 52 of 2009 );

(c) Land Registration (Fees) Order 2009 ( S.I. No. 425 of 2009 ).

3. In this Order:

“Act of 1964” means the Registration of Title Act, 1964 ;

“account holder” means a person authorised by the Authority to maintain an account with the Authority for the purpose of payment of fees payable to the Authority where the application for services in the Land Registry is made by such electronic manner as the Authority shall approve;

“Authority” means the Property Registration Authority established under section 9 of the Registration of Deeds and Title Act 2006 ;

“instrument” means an instrument within the meaning of section 3 (inserted by section 127 of the Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009)) of the Act of 1964, grounding an application under which an entry or entries in a register have been made, and which has been retained in the Land Registry;

“record” includes the following which may be in paper form or electronic form or partly in one form and partly in the other form:

(a) a closed folio of a register or a folio for which a revised folio of a register has been substituted or the record thereof maintained in the Land Registry;

(b) a registry map for which the Authority has caused a new map to be prepared and substituted or the record thereof maintained in the Land Registry;

“Rules” means the Land Registration Rules 1972 to 2011;

“scheme map” means a map or plan in a form acceptable to the Authority setting out the boundaries to five or more sites, where each such site is intended to be or may be the subject of an application for separate registration by way of transfer or lease;

“site” includes—

(a) a part of a building the boundaries of which are set out on a plan, floor plan or drawing of a level of that building,

(b) a space at, under or over ground level;

“transfer” includes a lease of registered land executed on or after 26 May 2006;

“value” in the case of an application for registration of a transfer on sale, means—

(a) where the transfer is a lease, the amount of the money consideration, including any rent reserved during the period of one year immediately following the commencement of the lease, expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Authority, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge, subject to which the property is transferred,

(b) where the transfer is not a lease, the amount of the money consideration expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Authority, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge, subject to which the property is transferred.

4. (1) The fee to be charged and taken by the Authority for a service provided in the Land Registry shall be the fee specified in column (3) of the Schedule opposite the mention of the service or matter specified in column (2) of the Schedule.

(2) Subject to paragraph (3), the fees referred to in paragraph (1) shall be payable—

(a) in cash,

(b) by means of banker’s draft, money order, postal order, credit transfer, credit card, debit card, cheque drawn to the order of the Authority, or

(c) in such other manner as may be approved by the Authority,

provided that the Authority may decline to accept payment, or may suspend receipt of payments, by any one or other of the methods referred to in paragraphs (b) and (c).

(3) The fee payable in respect of the matter specified in column (2) of the Schedule opposite the mention of item number 27 in column (1) of the Schedule may be paid by the retention by the Authority of such fees from any sum of money which would otherwise be liable to be refunded by the Authority in respect of the matter concerned.

(4) Where an application for registration of a transfer under section 90 (inserted by section 63 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006)) of the Act of 1964 and an application for registration of the instrument by which the right of the transferor to be registered as owner of the land has devolved are lodged at the same time, the fee payable shall be—

(a) the greater of the fee specified in column (3) of the Schedule at reference number (1) of the Schedule or the fee payable for registration of the instrument, or

(b) if the fees referred to in paragraph (a) are equal, an amount equal to one of the fees.

5. No registration shall be made and no other transaction shall be done or completed until—

(a) the appropriate fee has been paid to the Authority under Article 4, or

(b) the Authority is satisfied that arrangements for the payment of the appropriate fee in accordance with Article 4 have been made.

6. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a charge or lien for unpaid purchase money, the fee chargeable in respect of the transfer shall be determined by reference to the full amount of the purchase money.

7. Where a...