International Comparative Legal Guide - Real Estate 2025, 20th Edition

1 Real Estate Law

1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. Laws relating to leases of business premises should be listed in response to question 10.1. Those relating to zoning and environmental should be listed in response to question 12.1. Those relating to tax should be listed in response to questions in section 9.

The principal legislation governing Irish real estate is as follows:

• Land and Conveyancing Law Reform Act 2009. 
• Land and Conveyancing Law Reform Act 2021.
• Land and Conveyancing Law Reform Act 2013 (as amended by Land and Conveyancing Law Reform (Amendment) Act 2019). 
• Registration of Deeds and Title Acts 1964 and 2006 (as amended by Land and Conveyancing Law Reform Act 2009). 
• Landlord and Tenant (Ground Rents) Act 1978.
• Landlord and Tenant (Ground Rents) (No. 2) Act 1978.
• Housing Acts 1996 to 2021.
• Land Development Agency Act 2021.
• Planning and Development Acts 2000 to 2023. 
• Planning and Development Act 2024 (not yet substantially commenced – anticipated to substantially commence in stages from 2025).
• Building Control Acts 1990 to 2020.
• Succession Act 1965.
• Multi-Unit Developments Act 2011.
• Residential Tenancies Acts 2004 to 2024 (“RT Acts”).
• Local Government Reform Act 2014.
• National Asset Management Agency Act 2009.
• The Property Services (Regulation) Act 2011.
• Conveyancing Acts 1881–1911 (as amended, supplemented or replaced by Land and Conveyancing Law Reform Act 2009).
• Statute of Frauds (Ireland) Act 1695.
• Settled Land Acts 1882–1890 (as amended, supplemented or replaced by Land and Conveyancing Law Reform Act 2009).
• Vendor and Purchaser Act 1874.
• Partition Acts 1868 and 1876 (as amended, supplemented or replaced by Land and Conveyancing Law Reform Act 2009).
• Local Government Rates and Other Matters Act 2019.
• Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.
• Screening of Third Country Transactions Act 2023 (not yet commenced – anticipated to commence early 2025).

1.2 What is the impact (if any) on real estate of local common law in your jurisdiction?

Irish property law is based on both common law and statute law. As UK law is also based on common law, judgments made in the UK courts have persuasive authority in the Irish courts but are not binding

1.3 Are international laws relevant to real estate in your jurisdiction? Please ignore EU legislation enacted locally in EU countries.

There are no international laws of direct relevance to real estate in Ireland, though anti-money laundering legislation will apply to particular transactions as will EU sanctions. However, decisions made in other common law jurisdictions would have persuasive authority in our judicial system.

2 Ownership

2.1 Are there legal restrictions on ownership of real estate by particular classes of persons (e.g. non-resident persons)?

There are no direct legal restrictions on ownership of real estate for non-resident persons in Ireland. However, on commencement (expected to commence early January 2025) of the Screening of Third Country Transactions Act 2023, investment in certain Irish undertakings or assets (including real estate assets) by persons or entities from “third countries” (being countries other than Ireland, the EU, the EEA or Switzerland) will be subject to a screening regime under that Act to ensure that the investment does not present risks to the security or public order of the State

3 Real Estate Rights

3.1 What are the types of rights over land recognised in your jurisdiction? Are any of them purely contractual between the parties?

Legal estates and interests in land

The only legal estates in land that may be created or disposed of are freehold and leasehold estates. A freehold estate is closest to absolute ownership and has the potential to last forever. Leasehold estates are lesser estates than freehold estates and they occur where a tenant holds the property for a term of years, subject to rent and other covenants. Leasehold interests in Ireland are based in contract rather than in tenure.

Legal interests that may be created or disposed of are similarly limited in law and include easements, wayleaves, incumbrances (including mortgages and charges), profits á prendre (including mining rights), freehold covenants, and certain public and statutory rights.

The strict legal position on the acquisition of estates and interests in land is, however, tempered by the law of equity, so that equitable rights and interests based on justice, including the beneficial ownership of land, arise and are recognised and upheld.

Contractual rights

In addition to legal estates and interests, rights over and in respect of land can be created and enjoyed by contract between the parties. The most commonly enjoyed contractual rights would be licences to use or occupy and options to buy. Rights of this nature are enjoyed on the terms of the contract themselves and do not create rights in the land, but courts will give effect to the substance of a contract over its form, so that, for example, a contract purporting to be a licence, which has all the characteristics of a lease, may be upheld by a court as a lease, if challenged.

3.2 Are there any scenarios where the right to land diverges from the right to a building constructed thereon?

Under Section 3 Land and Conveyancing Law Reform Act 2009 “land” is defined as including “buildings and other structures of any kind on land and any part of them”, but the freehold owner of land may dispose of the valuable interest in the land and/or any buildings on it by granting a long lease of the land and/or buildings. In this way the owner of the land may be different to the owner of the buildings on it. An owner may also enter into development agreements, building licences and other contractual arrangements for the construction of buildings on land, which will govern the rights of the parties to the buildings once constructed.

3.3 Is there a split between legal title and beneficial title in your jurisdiction and what are the registration consequences of any split? Are there any proposals to change this?

Yes, both legal and beneficial title is recognised in Ireland. For titles registered in the Land Registry, the legal owner is the person registered as owner on the Land Registry folio. Where the title is not registered in the Land Registry, the legal owner is the person to whom the legal title is conveyed by deed, registered in the Registry of Deeds. A beneficial interest typically arises where the legal owner is holding the asset in whole or in part in trust for the beneficial owner. If both interests subsist then it is the beneficial interest that is deemed the significant interest in the real estate asset. If there is a split, the practice is to register the legal owner who holds the title as nominee in trust for the beneficial owner. There are no proposals to change this at present. See question 4.6 below for the passing of beneficial interest on signing of an enforceable contract.

4 System of Registration

4.1 Is all land in your jurisdiction required to be registered? What land (or rights) are unregistered?

There are two registration systems for property ownership in Ireland overseen by Tailte Éireann: one administered by the Land Registry; and one by the Registry of Deeds. Registration in the Land Registry is intended to provide conclusive evidence as to the ownership of and title to the property registered there, whereas registration at the Registry of Deeds records relevant deeds and determines their priority (both as against other registered and unregistered deeds).

If it has not already been done, all sales of land are now subject to an obligation for the title to be registered in the Land Registry. For land, the title to which is registered or compulsorily registered in the Land Registry, title does not technically pass until registration is complete.

4.2 Is there a state guarantee of title? What does it guarantee?

Titles registered in the Land Registry are guaranteed by the State. The register in the Land Registry is conclusive as to title and buyers or chargees for value are protected against errors or mistakes made by authority officials.

There is no State guarantee in respect of any deed registered in the Registry of Deeds.

4.3 What rights in land are compulsorily registrable? What (if any) is the consequence of non-registration?

For titles registered in the Land Registry, all registrable burdens (including rights of residence, restrictive covenants and leases exceeding 21 years) must be registered in the Land Registry to gain protection, otherwise these rights will not be protected against a bona fide buyer for value without notice.

Registration in the Registry of Deeds, whether for deeds transferring title or granting rights, is not compulsory but where the title is not already registered in the Land Registry, it is necessary to both preserve priority and ensure that third parties are on notice of ownership and other rights. Registration is, therefore, always carried out in practice.

4.4 What rights in land are not required to be registered?

While, in principle, for titles registered in the Land Registry, the folio provides conclusive evidence as to the title registered, there are also certain rights (referred to as section 72 burdens), which affect the title without registration (including certain public rights, tenancies of 21 years or less where the tenant is in occupation and easements and profits á prendre unless created by express grant since the title was registered in the Land Registry). See the answer to question 4.3 above for titles registered in the Registry of Deeds.

4.5 Where there are both unregistered and registered land or rights is there a probationary period following first registration or are there perhaps different classes or qualities of title on first registration? Please give details. First registration means the occasion upon which unregistered land or rights are first registered in the registries.

There is no probationary period following first registration. An applicant may be registered in the Land Registry with one of the following classes of title: 

• Absolute title: this is the best type of title and is the most common.
• Qualified title: if the applicant can only establish title for a limited period or where the title is subject to particular reservations, then the Registrar may register a qualified title.
• Possessory title: where an applicant is in occupation of the land or in receipt of the rents and profits issuing out of the land, then they may be registered with possessory title. 
• Good leasehold title: this would apply where the Land Registry has not investigated the title of the landlord. Where the landlord's title is registered then the tenant will be registered with absolute leasehold title.

4.6 On a land sale, when is title (or ownership) transferred to the buyer?

Where title is registered or compulsorily registrable in the Land Registry, title does not technically pass until registration is complete. In the limited circumstances where this does not apply, legal title passes when the purchase money is paid to the seller and the buyer takes delivery of the deed.

Unless disapplied in the contract for sale, the application of section 52 of the Land and Conveyancing Law Reform Act 2009 means that the entire beneficial interest in the real property that is the subject of the contract passes to the buyer on the making of an enforceable contract for the sale or other disposition of land.

4.7 Please briefly describe how some rights obtain priority over other rights. Do earlier rights defeat later rights?

The general law relating to priorities as between successive estates or interests in land is based on the equitable doctrine of notice, but this has a more limited role in Irish conveyancing practice since the introduction of specific legislation governing the priority of rights where the title is registered in the Land Registry and also where it is not. It is not necessarily the case that earlier rights will have priority over later rights.

In principle:

• where title is registered in the Land Registry, priority is governed by the order on which the burden appears on the relevant part of the folio; and
• where the title is not registered in the Land Registry:
  • if both deeds are registered in the Registry of Deeds, the timing of registration of the deed creating the right, as opposed to the date of the deed itself, is determinative; the rights in the first registered deed will have priority;
  • if only one of the deeds is registered, the rights in the registered deed will have priority; and
  • if neither of the deeds is registered, the rights created first will have priority.

Importantly, further statutory provisions mean that:

• these general principles do not apply to determine the priority of judgment mortgages: a judgment mortgage is subject to any right or incumbrance affecting the judgment debtor's land, whether registered or not;
• a legal chargeholder may enforce its security and transfer title to a buyer free of rights that rank in priority below the charge;
• a bona fide purchaser for value without notice of rights will take the land free of those rights if all reasonable enquiries have been made by the buyer and their lawyer as part of the due diligence process; and
• in certain circumstances, a buyer of a legal estate in land will take title free of equitable interests in the land whether they are on notice of those rights or not.

5 The Registry / Registries

5.1 How many land registries operate in your jurisdiction? If more than one please specify their differing rules and requirements.

Please see questions 4.1–4.7 above.

5.2 How do the owners of registered real estate prove their title?

For titles registered in the Land Registry, a certified copy folio and filed plan showing the owner as the registered owner is proof of their title. Where the title is not registered in the Land Registry, a deed for value to the owner and, where this is less than 15 years old, or not otherwise a “good root” of title, a further deed for value of 15 years or more, is required to prove the owner's title. For leasehold titles, the lease itself is always the root of a leasehold title together with any assignment to the owner and, ideally but not necessarily, supported by evidence of the freehold owner's title to grant the lease. Where a title is subject to or has the benefit of rights and interests, these will also need to be shown.

5.3 Can any transaction relating to registered real estate be completed electronically? What documents need to be provided to the land registry for the registration of ownership right? Can information on ownership of registered real estate be accessed electronically?

While applications for registration with the Land Registry may initially be made electronically so as to result in a corresponding dealing number, subject to very limited exception only, the actual documents the subject of any application to either the Land Registry or the Registry of Deeds must all be signed or executed in “wet-ink” and be physically lodged with the Land Registry. Limited exceptions to this apply for registration of certain charges (residential only) and discharges (subject to conditions) in the Land Registry.

Applications made to either the Land Registry or the Registry of Deeds will include an application form in the prescribed form for the Registry and the application made (in the Land Registry this will always include a Form 17), the relevant deed or deeds, and the appropriate fees.

The Land Registry and the Registry of Deeds are public registries so that searches can be conducted by anyone who pays a prescribed fee. Land Direct, the official Tailte Éireann Registration Division online service, allows users to search the Land Registry map and view and order title documents online at https://www.landdirect.ie

5.4 Can compensation be claimed from the registry/ registries if it/they make a mistake?

Compensation can be claimed from the Land Registry but not from the Registry of Deeds (see question 4.2 above).

5.5 Are there restrictions on public access to the register? Can a buyer obtain all the information he might reasonably need regarding encumbrances and other rights affecting real estate and is this achieved by a search of the register? If not, what additional information/process is required?

Any member of the public is entitled to search the Registry of Deeds records on payment of the prescribed fee.

In the Land Registry, members of the public can inspect search and view folios and filed plans, again on payment of the prescribed fee, but applications pending registration may only be inspected by the applicant or registered owner or other prescribed category of persons or a person authorised by those persons.

Neither the Land Registry nor the Registry of Deed will disclose unregistered rights. As the potential for unregistered rights exists in both systems, in addition to public registry searches, anyone acquiring an estate, right or interest in land, including buyers, lenders and tenants, must engage in a due-diligence process involving inspection and legal enquiry to be fully satisfied regarding encumbrances and rights affecting it.

6 Real Estate Market

6.1 Which parties (in addition to the buyer and seller and the buyer's finance provider) would normally be involved in a real estate transaction in your jurisdiction? Please briefly describe their roles and/or duties.

(a) Estate agents

An estate agent advises on the market or rental value of the property and advertises the property for sale and/or letting. Estate agents will also act for both landlords and tenants to negotiate and agree heads of terms for commercial lettings.

(b) Lawyers

A seller's lawyer is responsible for drafting contracts, dealing with pre-contract enquiries raised by the buyer's lawyers, replying to requisitions on title, redeeming mortgages/charges and distributing the balance of sale proceeds to the seller.

A buyer's lawyer investigates the title, explains the title and loan offer to the buyer, completes the mortgage documentation, raises requisitions on the title, drafts the purchase deed, requisitions the loan amount, conducts closing searches, attends the closing appointment and stamps and registers the title.

(c) Notaries

Our common law system enables documentation to be sworn/ affirmed in the presence of an independent practising solicitor, commissioner for oaths or peace commissioner. The assistance of a notary public to attest or certify documents may be required for documents to be accepted for use in another jurisdiction, but not otherwise.

(d) Others

Buyers will engage surveyors/architects before signing contracts to carry out a structural survey of the property to ascertain its state and condition, conduct a boundary survey and/or verify compliance with planning and building regulations and title plans produced by the seller.

A seller/landlord will engage an architect or mapping expert to produce a title plan for title registration purposes, where this is required, and will engage a building energy rating (“BER”) assessor to prepare a BER certificate and advisory report in relation to a building being sold or let (see question 10.7 below).

A requirement for other experts, including environmental experts, will depend on the nature of the transaction.

6.2 Is there any change in the sources or the availability of capital to finance real estate transactions in your jurisdiction, whether equity or debt? What are the main sources of capital you see active in your market?

Debt is the predominant source of capital for real estate in Ireland, particularly for established participants. New entrants are likely to obtain funding through equity financing. The cost of borrowing and investors' ability to use debt and compete competitively in a bidding process are likely to result in a higher number of deals completing on an all-equity basis.

Sources of capital to finance real estate transactions have broadened, with the traditional or “pillar” banks including Bank of Ireland and Allied Irish Banks, p.l.c., being joined by a number of alternative and non-bank lenders.

Development finance for residential projects specifically is also available through Home Building Finance Ireland (“HBFI”) and the Housing Finance Agency (“HFA”). HBFI was set up by the Government in 2018 to provide funding at market rates for commercially viable residential developments in the State, which meet HBFI's funding criteria. The HFA provides loan finance to local authorities, voluntary housing bodies and higher education institutions for housing and related purposes. The State also supports development and investment in social and affordable housing, particularly through State equity schemes administered by the Housing Agency.

6.3 In your opinion, what is the appetite for investors and/or developers to invest in your region compared to last year and what are the sectors/areas of most interest? Please give examples.

The year 2024 continued to be challenging for the Irish commercial real estate market, notwithstanding three European Central Bank (“ECB”) interest rate cuts this year and another cut forecast for 12 December 2024. In the Eurozone, Ireland has the sixth highest interest rate. It is expected that these ECB interest rate cuts will cause a knock-on reduction of interest rates in Ireland; this will very much depend on the wider economy and what happens in the European economy.

Inflation and rising costs appear to be stabilising and it is hoped this will encourage and strengthen the confidence of developers and investors to invest. The office sector is still feeling the implications of a hybrid work environment following the COVID-19 pandemic, with occupiers continuing to monitor and streamline their commercial office space requirements. However, residential development continues strongly and the retail, industrial and hospitality sectors all continue to perform well. Budget 2025 increased the national minimum wage by over 6% to €13.50. Some might argue that this increase was ill-timed as the retail and hospitality sectors continue to face increased cost pressure, and many see this change as adversely impacting small and medium-sized businesses.

Budget 2025 also allocated capital of €1.25billion to the Land Development Agency and this envisages the continued delivery of substantial levels of social and affordable housing. Budget 2025 also allocated capital into infrastructure, which should benefit both the commercial and residential markets in Ireland in 2025.

6.4 In your opinion, have there been any trends in particular market sub sectors slowing down in your jurisdiction in terms of their attractiveness to investors/developers? Please give examples.

Please see the response to question 6.3 above.

7 Liabilities of Buyers and Sellers in Real Estate Transactions

7.1 What (if any) are the minimum formalities for the sale and purchase of real estate?

A buyer/seller must have the legal capacity to execute a contract for the sale/purchase of real estate, i.e. they must be over 18 and of sound disposing mind. Otherwise, a contract for the sale of land or grant of a lease in Ireland must be evidenced in writing and signed by or on behalf of the party against whom it is to be enforced (except where the justice of the case, on the basis of established equitable principles, demands otherwise). While the General Conditions of Sale 2023 (Revised) Edition issued by the Law Society of Ireland are almost universally adopted for sales (subject to amendment and negotiation), by law contracts do not have to be a single document or take a particular form, so that care must be taken to avoid unwittingly creating a binding obligation (for sale, purchase or lease) by exchange of correspondence, whether by letter, fax, email or other written communication or document.

7.2 Is the seller under a duty of disclosure? What matters must be disclosed?

The principle of “buyer beware” generally applies, so that buyers and tenants take property “as is” and in its actual condition. While under the Law Society General Conditions of Sale 2023 (Revised) Edition a seller has a duty to disclose notices received prior to the sale and any rights or restrictions affecting the property not apparent from inspection, in general law there is no requirement on the owner to ensure that it is free from defects or to disclose anything that is apparent from inspection.

7.3 Can the seller be liable to the buyer for misrepresentation?

Yes, a seller can be liable for misrepresentation. General Condition 29 of the Law Society General Conditions of sale makes specific provision for this but whether and how this applies will depend on whether and how this condition is agreed to apply to a transaction.

7.4 Do sellers usually give any form of title “guarantee” or contractual warranties to the buyer? What would be the scope of these? What is the function of any such guarantee or warranties (e.g. to apportion risk, to give information)? Would any such guarantee or warranties act as a substitute for the buyer carrying out his own diligence?

As above, the principle of “buyer beware” applies so that sellers do not give any title guarantee and give very limited warranties. General Condition 32 of the Law Society General Conditions of sale makes specific provision for a seller warranty as to compliance with planning and building regulations, but this is often limited or disapplied altogether for transactions other than for residential sales to consumers.

7.5 Does the seller retain any liabilities in respect of the property post sale? Please give details.

While any liabilities retained will depend on what is agreed for the transaction itself, a seller does not generally retain any liabilities for a property post-sale, other than an obligation to address mapping queries on the buyer's title registration.

7.6 What (if any) are the liabilities of the buyer (in addition to paying the sale price)?

The buyer will be responsible for discharging the stamp duty on the purchase deed, their title registration fees and the fees and outlay of the professionals engaged by them for transaction.

8 Finance and Banking

8.1 Please briefly describe any regulations concerning the lending of money to finance real estate. Are the rules different as between resident and non-resident persons and/or between individual persons and corporate entities?

Irish law does not specifically distinguish between the lending of money to finance real estate and the lending of money to finance other assets. The principal dividing line with regard to the application of financial services regulatory requirements is whether the money is being lent to an individual person or a corporate entity.

Lending to corporate entities, which is the typical fact pattern in the context of commercial real estate, does not in itself require the lender to hold a regulatory authorisation. The lender may, however, be subject to a number of generally applicable regulatory obligations under Irish law (e.g. in relation to anti-money laundering/know-your-client compliance and credit reporting). In the case of a purchase of an existing loan to a corporate entity it is possible that:

1. regulatory authorisation as a “credit servicing firm” would be required. That requirement would only arise where certain criteria are met, including that the original lender held an authorisation to provide credit in Ireland (e.g. a bank) and the borrower was categorised as a small and medium-sized enterprise (an “SME”); and/or
2. the appointment of a duly authorised “credit servicer” would be required. This requirement stems from an EU-wide regime on credit purchasers and servicers and only arises in limited circumstances, including where  loan was originated by an EU “credit institution” (usually a bank) and classified as a “non-performing exposure”.

Lending to individuals will almost always require the lender to hold an authorisation from the Central Bank of Ireland (e.g. as a credit institution or a retail credit firm) or to passport a valid authorisation from an equivalent EEA regulatory authority into Ireland. Authorised lenders are subject to an extensive range of supervisory and regulatory requirements that govern prudential and conduct of business matters. Some noteworthy exam ples relevant to real estate financing include the: 

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-sized Enterprises) Regulations 2015;
• Consumer Protection Code 2012;
• Code of Conduct on Mortgage Arrears;
• Consumer Credit Act 1995; and
• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) Regulations 2022, each as amended and supplemented from time to time.

Whether the borrower is resident in Ireland or not is of limited relevance in the context of a commercial real estate loan to a corporate entity. It would not affect the question of whether the lender required a regulatory authorisation to provide the loan but could have an impact on the scope of compliance requirements (particularly in relation to credit reporting).

For real estate loans to a natural person, the residence ques tion would require closer analysis on a transaction-by-trans action basis and may give rise to complex questions regarding conflict of laws and the appropriate financial services regula tory regime to be applied.

The taking of security over real estate is unlikely, as a matter of Irish law, to be affected by the residence of the security-provider. The question of whether the security-pro vider is a body corporate or an individual would, however, impact on the statutory treatment of the security (including the taking, registration and enforcement of the security).

Finally, non-EU banks should be aware that authorisation requirements for the provision of certain core banking activi ties (including lending) are being changed at an EU level with a consequent impact in Ireland in due course. Broadly summa rised, under the “CRD VI” Directive ((EU) 2024/1619), there will be an EU-wide requirement for a non-EU bank that wishes to engage in core banking activities in an EU Member State to establish a duly authorised branch in that Member State. CRD VI is due to be transposed into Irish law by 10 January 2026, with the majority of the measures relevant to this new branch requirement applicable from 11 January 2027. Consequently, non-EU banks doing business in Ireland (or the EU more broadly) should consider the cost-benefit analysis of obtaining authorisation (either as a branch or an EU bank) and/or explore alternative structuring options.

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