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Requirement for Consent to Re-Sale/Transfer of ownership/Re-Mortgage

Please note that the information contained here is of necessity somewhat condensed. If you have any queries that require more detailed information then please contact the relevant section at the number shown.

What is consent?

When you purchase your home through a Sales Scheme the consent of the Council is needed if you decide to sell, re-mortgage or transfer your interest in the property. This consent is a legal requirement under the terms of the scheme and is only granted when certain conditions have been met. Consent is required only for the first sale, re-mortgage or transfer of interest in a property.

The requirement for consent is for a fixed number of years only from the date of purchase. For houses sold since 1992 it ends after 20 years and for houses sold prior to 1992 it ends after 25 years.
 
In the case of houses sold before May 1978 consent would normally no longer be needed after 25 years (May 2003 at the latest) but if the Ground Rent has not been bought out the Council continues to have an interest in the property and consent is still required regardless of the original date of purchase.

How do I apply for consent?

Applications should be made in writing through a Solicitor to the Consents Section.

Is there an application fee?

There is a €100.00 application fee. This should only be submitted when requested in writing by the Consents Section.

What if consent is not longer required?

If you require a letter confirming that consent is not required you must request this in writing. There is no charge for issuing a "No Consent" letter.

What conditions must be met before Dublin City Council grants consent and what documentation must be submitted?

These will depend on the type of consent that is being requested.

To apply for consent to sell a property

In the event of the property being sold the seller (vendor) must provide evidence of having alternative suitable, permanent accommodation both for themselves and any dependents.

The buyer must be in need of housing and intend to use the property as their normal place of residence.

The seller must complete application form 1/S and the buyer must complete application form 2/S. Please note that additional information may also be requested.

If the seller is going to live in a property owned by family members or friends they must also complete application form 1/S (a) and the Right of Residence Declaration.

To apply for consent to transfer ownership of the property to a family member or relation

A letter outlining the details of the proposed transfer of ownership must be submitted.  If the transfer would result in the owner residing elsewhere details of the nature of this alternative accommodation will be required.

To apply for consent to re-mortgage the property

Details of the name of the lending institution, the amount of the loan and the reason for the proposed re-mortgage must be submitted.

To apply for consent to sell a plot of land formally owned by a Local Authority 
Details of the sale price, the name and address of the purchaser, the reason for the proposed transfer and also a map of the plot must be submitted.

For more information

For further information please contact:

Loans, Sales and Consents Section
Block 2 Floor 2
Civic Offices
Wood Quay
Dublin 8

Telephone (01) 222 2649/222 2553 

Fax: (01) 222 2778