Conveyancing has developed rapidly in recent times. The new edition of the Law Society Contract for Sale is now operative. It radically alters the vendor’s planning warranty and introduces other significant changes. This seminar will provide practitioners with a practical guide to its key provisions. It will also highlight issues of concern to practitioners in the areas of planning and taxation, as well as mortgages and Land Registry.  
Chaired by Marjorie Murphy
Conference Overview
The Implications of the 2017 edition of the Contract for Sale

Patrick Sweetman
  • Is the purchaser deemed to be on notice of any order, notice, award, or grant which has been entered on the planning register?
  • Is the vendor’s warranty in relation to planning now limited to his period of ownership of the property?
  • Does the vendor’s duty of disclosure include any matter disclosed to him at the time of purchase?
  • What are the planning implications for a purchaser’s solicitor where there is an executor’s sale?
  • Certificate of Compliance on Completion
  • Opt out of statutory certification
  • Can a vendor rescind where a purchaser maintains a claim for compensation pursuant to general condition 33?
  • Vendor required to give reasonable assistance to the purchaser in stamping the purchase deed
  • Is it possible for a purchaser to claim compensation where a vendor delays in completion?
  • Extension of the period within which the vendor is to provide the purchaser with reasonable assistance in relation to registration matters
  • When does the provision for mediation prior to arbitration apply?
A Review of the Requisitions in relation to Planning

Suzanne Bainton
  • Importance of the pre-contract planning search
  • “Withering permissions“: applicable levy
  • The expanded range of designated areas under the  Planning Acts
  • What further information is sought in the Requisitions in relation to unauthorised developments?
  • Does the Requisition in relation to “particulars of any application for permission” include particulars of any retention permission?
  • Agreements pursuant to section 47 of the Planning Act 2000
  • Statements of compensation
  • The Building Control Acts 1990  and subsequent amendments
  • Once-off houses and the Building Regulations 2014
Current Considerations in relation to Mortgages of Residential Property

Michelle Linnane
  • What matters should be considered by the vendor’s solicitor pre-contract where the vendor is in negative equity?
  • Conditions to be inserted in the contract for sale for the protection of the purchaser who is obtaining a mortgage
  • The QeD system explained
  • Certificates of Title: what is the operative date?
  • Sales by  Mortgagees in Possession, Liquidators and Receivers 
Taxation issues in Conveyancing

Finola O'Hanlon
  • Capital Gains tax
  • Date of disposal where there is a conditional contract
  • Late payment and filing of CGT: Can a surcharge arise even though the tax has been paid on time?
  • Can a person receiving a gift have a secondary liability?
  • Acting for a non- resident vendor: What precautions should a solicitor take before releasing the proceeds of sale: nil notice of assessment and letter of no audit
  • Can an Irish resident solicitor who acts as agent for a non- resident vendor become subject to a tax liability?
  • Disposal of Principal Private Residence: Will the relief apply if the garden or grounds are sold after the disposal of the residence?
  • Is ownership and occupation sufficient or “ must there be some degree of permanence, some degree of continuity or some expectation of continuity”: Goodwin V Curtis
  • Periods of absence which can be treated as a period of occupation
  • Development land: CGT implications where on the sale of a residence,  part of the gain reflects” development value”
  • Stamp Duty  reliefs and exemptions
  • LPT requirements for the vendor’s solicitor
  • LPT: What evidence should be sought in relation to general clearance when the allowable margin does not apply?
  • NPPR charges: Certificate of exemption/statutory declaration/ receipt: which is appropriate?
Land Registry

John Murphy
  • Compulsory Registration update
  • Use of forms 1/2/3
  • PRA requirements for first registration
  • Registration of appurtenant easements, particularly rights of way acquired by prescription
  • Common queries arising on first registration
  • When is it appropriate to obtain a Revenue Clearance Certificate CA12?