Services » Law

Frequently Asked Questions

  1. I would like to purchase the freehold in my tenant purchase property. What should I do?
  2. I need to apply for consent under the Nursing Home Support Scheme or "Fair Deal" Scheme. What should I do?
  3. E-Discharge
  4. Section 90 Burden
  5. Pay Parking Court
  6. Accountable Trust Receipts

1. I would like to purchase the freehold in my tenant purchase property. What should I do?

You will need your Solicitor to carry out the purchase on your behalf. If you have a copy of your Leasehold Transfer Order please bring it to your solicitor and ask him or her to write to the Law Agents Office making an application on your behalf to purchase the freehold. The Law Agents Office will send an application form to your Solicitor which needs to be completed and returned with a copy of your Transfer Order to show that you are entitled to purchase the freehold.

If you or your Solicitor do not have a copy of your Transfer Order a copy may be requested from either the Property Registration Authority or from the Law Agents Office.

The fee for the purchase of the freehold is set by statute and is €6.35 with costs of €25.39. You will have to pay your Solicitor’s fees separately. There may be some circumstances in which these fees vary, and if this is the case your Solicitor will be advised as early as possible in the transaction.

Please note that the Personal Representative/Executor in the Estate of a deceased property owner cannot purchase the freehold, and in the event that the property owner has died your Solicitor will need to discuss the option open to the Estate for the purchase of the freehold with the Law Agents Office.

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2. I need to apply for consent under the Nursing Home Support Scheme or "Fair Deal" Scheme. What should I do?

If you have a spouse or family member who has a Tenant Purchase Property acquired from Cork City Council and who requires Nursing Home Support, the Health Service Executive will require the Consent of Cork City Council to a Charge being registered on the property owner’s title.

Please write to the Law Agents Office stating your relationship to the applicant and enclosing all relevant correspondence received from the HSE. If you have a Power of Attorney or if you have been made a Care Representative of the Applicant please enclose the relevant paperwork in this regard. Where the applicant does not have the capacity to understand the nature of the application for the City Council’s Consent then the person making the application on their behalf must have either a Power of Attorney or been made a Care Representative in the Circuit Court. Where the Applicant does have the capacity to understand the application and is not making the Application themselves a written Authority authorising the application being made on their behalf by another party will be required.

It may be that there is an old mortgage which has been repaid still registered as a burden on the Applicant’s title, and if this is the case an application will need to be made for a Discharge of this.

Once the Law Agents Office is satisfied that the criteria are met for the Consent to issue a recommendation will be made to the Tenant Purchase Office to issue the Consent. The Consent will issue directly to the HSE from the Tenant Purchase Office.

There is no Fee for Consent under the “Fair Deal” Scheme.

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3. E-Discharge

This is an online system introduced by the Property Registration Authority for the cancellation of the entry of a charge on title in favour of Cork City Council. In order to progress matters, your Solicitor will have to supply an up to-date copy Folio clearly stating the burden which is to be discharged along with the legal fee in the sum of €123.00 (inclusive of VAT) to the Law Agent’s Office.

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4. Section 90 Burden

A burden registered under Section 90 of the Housing Act 1966 cannot be discharged online. A Form 57A must be executed and lodged in the Property Registration Authority. A burden stating that the General Conditions contained in the Transfer Order continue to apply to the property will replace the Section 90 Burden on the Folio. Your Solicitor will have to furnish to the Law Agent’s Office a completed Form 57A together with an up to-date copy Folio stating clearly the burden to be cancelled. A fee of €123.00 (inclusive of VAT) will apply.

However, if both a Discharge of a Charge is applied for together with a PRAI Form 57A in respect of the Section 90 Burden a fee of €196.80 (inclusive of VAT) applies.

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5. Pay Parking Court

The Law Agent’s Office issues and serves Parking Summonses in respect of parking fines issued by Cork City Councils Traffic Wardens for parking offences committed within Cork City Council’s administrative area.

 

Queries in relation to Pay Parking matters should be directed to the Transportation Division at 021-4924555 or alternatively you can e-mail the Transportation Division on parking@corkcity.ie.

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6. Accountable Trust Receipts

If you are selling or re-mortgaging your property, your solicitor will write to the City Council requesting your title documents on Accountable Trust Receipt from this office.  Please note that your written authority will be required in order to allow us furnish your title documents on Accountable Trust Receipt.

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