PRAI - Ground Rents Purchase Scheme : Explanatory Leaflet

Ground Rents Purchase Scheme: Explanatory Leaflet

NOTE	This leaflet is designed to assist in the use of the ground rents purchase scheme. It is not a legal document and does not represent, in any way, an interpretation of the law relating to the purchase of ground rents.
WHO CAN APPLY?	The owners of dwellings which are built wholly or principally as dwellinghouses; this does not include dwellings converted into flats.
WHAT ABOUT LOCAL AUTHORITY HOUSES?	Owners of local authority housing can buy out their ground rents but they do not come under this scheme; they should get in touch with their local authority.
HOW DO I APPLY?	By CONSENT PROCEDURE (see below) if you can contact your landlord/s and agree a purchase price for the Freehold Title. Once you have paid the purchase price to the landlord/s, he/they will complete a Consent Form/s. The onus of obtaining all of the necessary Consents lies with you as the applicant. If consent is not forthcoming, or if the identity of your Landlord/s is/are unknown, you may apply by ARBITRATION PROCEDURE (see below). Under Arbitration procedure a purchase price for the Freehold Title will be set by this office some time after the application has been lodged. You will be notified of the amount involved and requested to lodge the money in this office.
WHAT DO I GET FOR MY MONEY?	You will receive a Vesting Certificate when your application has been completed. The Vesting Certificate is evidence that you have bought out your ground rents; IT IS A NEW TITLE DEED TO YOUR PROPERTY AND, AS SUCH, IT IS A VERY IMPORTANT DOCUMENT.
WHAT DO I DO WITH THE VESTING CERT?	You are strongly advised to have your Vesting Certificate registered. Registration of the Vesting Certificate will mean that a permanent registry record of your freehold interest is available in the event of the document being lost or destroyed.
WHERE AND HOW DO I REGISTER?	This will depend on where your existing title deeds are registered. Title deeds are registered either in The Land Registry or The Registry of Deeds. With your Vesting Certificate, you will receive more detailed information on registration. If your property is situated in Counties Carlow, Meath or Laois, registration in Land Registry is compulsory. Where Vesting Certificate issued after 1st April 2006 in respect of property situated in Longford, Westmeath, or Roscommon registration is also compulsory. Where Vesting Certificate issued after 1st October 2008 in respect of property situated in Clare, Kilkenny, Louth, Sligo, Wexford, or Wicklow, registration is also compulsory. With effect from 1st January 2010, compulsory registration is extended to the following additional counties; Cavan, Donegal, Galway, Kerry, Kildare, Leitrim, Limerick, Mayo, Monaghan, North Tipperary, Offaly, South Tipperary and Waterford and cities Galway, Limerick and Waterford [as defined in Section 10 of the Local Government Act 2001].
NOTE	You will be charged a separate fee for registration. The Registration Fee in the Land Registry is €25 and the Registration Fee in the Registry of Deeds is €50.
PROPERTY REGISTRATION AUTHORITY, GROUND RENTS SECTION, CHANCERY STREET, DUBLIN 7 TELEPHONE: 01-804 8126, 01-804 8127, 01-804 8029 PUBLIC OFFICE HOURS FROM 10.30 a.m. through to 4.30 p.m.

ADDITIONAL INFORMATION ON CONSENT APPLICATIONS

There are two Forms to be completed when applying for a Vesting Certificate under Consent procedure, those are Forms A and Form C.

FORM A:

is the application Form to be completed and signed by the owner/tenant of the premises. If you hold the premises jointly with a spouse or other relatives, Form A should also include their name/s and signature/s.

FORM C:

is the Consent Form to be completed by your Landlord/s when you have paid to him/them the purchase price for the freehold title.

NOTE:

If there is more than one Landlord involved, it will be necessary to obtain a completed Consent Form from each Landlord. If you are unable to obtain a completed Consent Form from one or more of the Landlords you may buy out your ground rents through Arbitration procedure. Arbitration procedure requires that you lodge the purchase price for the Freehold Title with this office rather than paying it directly to the Landlord.

The onus of obtaining all of the necessary Consents rests with you as the applicant.

Your Consent application should consist of the following items:

1.	Completed Form A
2.	Completed Form/s C
3.	A photocopy of your LEASE
4.	A photocopy of your ASSIGNMENT (This document is required if you are not the original owner of the house; it is evidence of your ownership).
5.	Application fee of €30 if you reside at the premises or €65 otherwise (Payment by cheque, postal order, bank draft or cash will be accepted; cheques, etc, should be made payable to "Property Registration Authority".
6.		As and from the 31^st of May 2010 where applications for registration are lodged (i.e. other than by a practising solicitor, financial institution, etc.) sufficient evidence of identity of the applicant[s] (including a photograph) and evidence of their permanent address must be produced. Documents providing evidence of name include; Passport Driving licence Current identity card with photograph from a known employer Identification card with photograph issued by the Garda Siochana. Documents providing evidence of address include; Recent utility company bill in their name and to their address (e.g., electricity, telephone, gas, etc.) Current driving licence Identification card with photograph issued by the Garda Siochana Pension/benefit book issued by the Department of Social Protection (formerly Department of Social, Community and Family Affairs) Recent original bank or building society statement in their name Entry in the electoral register or a recognised telephone or street directory An Post savings or investment document
NOTE		Items 3 and 4 are two of the title deeds to your property. If you have a mortgage you will find that copies of the deeds are available from your Bank or Building Society. If your mortgage has been repaid in full, the deeds may be held by your solicitor. Applications may be delivered in person or posted to: PROPERTY REGISTRATION AUTHORITY, GROUND RENTS SECTION, CHANCERY STREET, DUBLIN 7 TELEPHONE NO: 01-804 8126, 01-804 8127, 01-804 8029 PUBLIC OFFICE HOURS FROM 10.30 a.m. through to 4.30 p.m.

ADDITIONAL INFORMATION ON ARBITRATION APPLICATIONS

There are two Forms to be completed when applying for a Vesting Certificate under Arbitration procedure, those are Forms B and Form D.

FORM B:

is the application Form to be completed and signed by the owner/tenant of the premises. If you hold the premises jointly with a spouse or other relatives, Form B should also include their name/s and signature/s.

FORM D:

is the Notice of your Intention to buy out the ground rents under Arbitration procedure. Form D should be sent, BY REGISTERED POST to your Landlord (or his Agent/Solicitor).

It is important that you retain a PHOTOCOPY of your completed and signed Form D AND a receipt for registered post as these items will form part of your application.

You may hand the completed Form D to your Landlord instead of sending it by registered post; but if you do so, you must ask him/them for a letter acknowledging receipt of the Form D.

21 DAYS AFTER YOU HAVE SERVED FORM D YOU MAY LODGE YOUR APPLICATION WHICH SHOULD INCLUDE THE FOLLOWING ITEMS:

Completed and signed Form B

Photocopy of completed Form D

Receipt for registered post, or letter from your Landlord acknowledging receipt of same

Your latest ground rent receipt

A photocopy of your LEASE

A photocopy of your ASSIGNMENT
(This document is required if you are not the original owner of the property; it is evidence of your ownership).

As and from the 31^st of May 2010 where applications for registration are lodged (i.e. other than by a practising solicitor, financial institution, etc.) sufficient evidence of identity of the applicant[s] (including a photograph) and evidence of their permanent address must be produced.

Documents providing evidence of name include;

Passport
Driving licence
Current identity card with photograph from a known employer
Identification card with photograph issued by the Garda Siochana.

Documents providing evidence of address include;

Recent utility company bill in their name and to their address (e.g., electricity, telephone, gas, etc.)
Current driving licence
Identification card with photograph issued by the Garda Siochana
Pension/benefit book issued by the Department of Social Protection (formerly Department of Social, Community and Family Affairs)
Recent original bank or building society statement in their name
Entry in the electoral register or a recognised telephone or street directory
An Post savings or investment document

€105 application fee if you reside at the premises or €195 otherwise.
(Payment by cheque, postal order, bank draft or cash will be accepted; cheques, etc, should be made payable to "Property Registration Authority".

NOTE:

(Items 5 and 6 are two of the title deeds to your property. If you have a mortgage you will find that copies of the deeds are available from your Bank or Building Society. If your mortgage has been repaid in full, the deeds may be held by your solicitor.

Applications may be delivered in person or posted to:

PROPERTY REGISTRATION AUTHORITY, GROUND RENTS SECTION, CHANCERY STREET, DUBLIN 7.
TELEPHONE: 01-804 8126, 01-804 8127, 01-804 8029

PUBLIC OFFICE HOURS FROM 10.30 a.m. through to 4.30 p.m.

Landlord and Tenant (Ground Rents) (No.2) Act, 1978

CLAIMS FOR (A SHARE OF) PURCHASE MONEY

The Land Registry will serve notice of issue of an Arbitration vesting certificate and lodgement of the purchase money on any landlords shown on the file to have a possible interest in the purchase money. On proof of their entitlement, the Land Registry pays out the Purchase Money to the landlords. A claim may be made in the attached Claim Form which provides details as to the landlords title and information to assist in calculating the share of the purchase money due.

Form to be completed - Claim for (a share of) the Purchase Money

The payment of Purchase Money to Claimants can be expedited by:

lodging the claim at the earliest date, i.e., before the purchase money is fixed or vesting certificate issued,

providing, at the same time, all the information needed for calculation of the claimant’s share,

lodging certificate in form G by a solicitor or barrister, (or, alternatively, a copy of the claimant’s title deeds if not already lodged), and
lodging the landlord’s counterpart lease, where relevant

The following information is needed to determine the claimant’s entitlement and share:

Claimant’s name and address
The premises in respect of which the claim arises.

The Property Registration Authority reference number (found on the form notifying you of the application for a vesting certificate, and formatted as follows: GRXXXXX/XX or XXGRXXXXX).

The interest held by the claimant, (e.g., fee simple, or interest created by fee farm grant, or leasehold interest).

The date, parties and term of such fee farm grant or lease (if any).

The amount of the rent payable by the claimant under such fee farm grant or lease.

The total annual rent which the claimant was entitled to collect from the entire property held by him under such fee farm grant or lease.

The name(s) and address (es) of the parties to whom such superior rent is or was payable.

Details of any agreement between the claimant and other superior owners concerning the sharing of the Purchase Money.