Cosgrove Gaynard Solicitors

Conveyancing charter published

We are delighted to confirm the government has published a Best Practice Charter for Solicitors and Estate Agents providing guidance to improve efficiency in the conveyancing process and ultimately aimed at reforming the property‑transaction landscape. This charter, though not legally binding, sets out clear expectations for collaboration between solicitors and estate agents, with the ultimate goal of reducing delays, lowering costs, and improving transparency for homebuyers and sellers.

To date, the conveyancing ecosystem in Ireland was widely criticised as fragmented, slow, and opaque. Solicitors, estate agents, lenders, local authorities, land registries and others often used mismatched processes, causing bottlenecks.

An Expert Group on Conveyancing and Probate was convened in December 2023 by the Taoiseach to review the system from a user’s perspective and to propose reforms.Property Services Regulatory Authority+2gov.ie+2 By July 2024, the group’s recommendations (including a national goal of eight weeks for completing a conveyance) were approved by Government and passed to an Implementation Group.Law Society of Ireland+3Legal Services Regulatory Authority+3gov.ie+3

One of the group’s first deliverables: a Best Practice Charter that clearly states expectations in three core areas:

1. Advice to seller clients
2. Expediency / Efficiency / Avoidance of unnecessary delays
3. Accountability

It’s important to note that the charter is not a regulatory code — it has no direct legal force — but it serves as a benchmark of what can and should be expected in best practice.

Conveyancing is ultimately the transfer of a substantial asset ie property and must of its nature be very formal and precise and incompliance with a complex body of law.

It is not something which can be doneovernight, and very careful inputs are required by a number of stakeholders,including the application of very substantial expertise by solicitors. Also,key stakeholders in a conveyancing process, in particular solicitors and estate agents, are instructed by their clients, who may be a seller or a buyer.

We are regulated by statutory regulators and, obviously, must always act in accordance with the law and regulatory requirements but, within that,we are also subject to the wishes and instructions of clients, including confidentiality norms which apply. This Charter will ultimately take effect with these two factors in mind.

‍

Key Features & Commitments

Here are some of the most important elements of the charter (and related reforms) that solicitors and estate agents should highlight to clients:

‍8‑Week Conveyancing Target: The national expectation is that from acceptance of an offer to closure of sale, conveyancing should take no more than eight weeks.

This is a reasonable target however there are in reality a number of issues that can ultimately affect this such as title issues, a chain of vendors and purchasers etc. However a target is a welcome proposal in terms of timeline.

Title Deeds Release (Regulation 175) Under reforms, banks and credit servicing firms will be required to release title deeds to solicitors within 10 working days upon valid request (Consumer Protection Code amendment) — expected to take effect in March 2026.

This is a significant as currently the timeline on the release of deeds can be anything from 2 weeks plus.

We would still recommend a vendor contact their solicitor long before going sale agreed to ensure title documentation is with the solicitor before they are sale agreed. This allows for contracts to be issued within a number of days of going sale agreed and ensures no time delay at the beginning of the process.

Replacing Statutory Declarations with Statements of Truth : Some “wet ink” signature requirements (requiring clients to attend in person) will be replaced by statements of truth (declarations within documents) to modernise the process. If implemented it may saves clients time and travel — more streamlined documentation.

‍Planning Compliance (Established Non-Conforming Development)The charter encourages reform to reduce the burden of historical planning checks (dating back to 1964) by introducing a concept of “established non‑conforming developments”

Planning issues are probably the most common title issue and resulting delay in conveyancing. This will be an exceptional reform if implemented.

At Cosgrove Gaynard, we are happy to confirm we align with the proposals in the new charter and welcome commitment from app parties to an 8-week conveyancing target as a service-level goal.

We already have best practice steps in place to advise clients promptly and clearly throughout the process and at each benchmark along the way.  

‍

‍New best practice conveyancing guidance published