Mary Molloy Solicitor

Buying & Selling Property in Kilkenny

Conveyancing in Ireland involves a defined sequence of steps — investigation of title, contract review, dealings with mortgage lenders, stamp duty, completion, and Land Registry registration. We act for buyers, sellers, and lenders in residential property transactions in Kilkenny and the surrounding counties.

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2 Rose Inn St, Kilkenny

Why clients choose us

Practical conveyancing advice

Conveyancing in Ireland is governed by a defined body of statute and procedure — the Land and Conveyancing Law Reform Act 2009, the Registration of Title Act 1964 (under which the Property Registration Authority maintains the Register of Titles), the Stamp Duties Consolidation Act 1999, and the planning and building control framework. We advise buyers and sellers in Kilkenny on each stage of the conveyancing process.

On a purchase, our work includes reviewing the contract, investigating the title at the Property Registration Authority, raising pre-contract and requisition enquiries with the seller's solicitor, checking planning permission and certificates of compliance for any works on the property, and acting on the lender's behalf where there is a mortgage. On a sale, we prepare the contracts and supporting documentation, respond to the buyer's solicitor's enquiries, and arrange for any existing mortgage to be discharged on completion.

On completion, we handle the transfer of funds, the payment of stamp duty under the Stamp Duties Consolidation Act 1999, and the registration of ownership with the Property Registration Authority. Where the property is unregistered title, we advise on conversion to registered title as part of the transaction.

All conveyancing work at the firm is carried out by solicitors admitted to the Roll of Solicitors of Ireland and regulated by the Law Society of Ireland and the Legal Services Regulatory Authority. The firm has practised in Kilkenny continuously since 1981, and is based on Rose Inn Street in Kilkenny City.

Conveyancing, handled with care.
Get in touch when you're ready.

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Conveyancing

How conveyancing works in Ireland

Conveyancing is the legal process of transferring ownership of property in Ireland. It involves contract review, investigation of title at the Property Registration Authority, planning and building control checks, dealings with mortgage lenders, payment of stamp duty under the Stamp Duties Consolidation Act 1999, and registration of ownership. The article below sets that framework out in plain English — first for buyers, then for sellers, with a note for first-time buyers and a checklist of what to have ready before instructing a solicitor.

Buying a property

On a purchase, the solicitor's work goes well beyond witnessing the buyer's signature on a contract. We carry out a full investigation of the title to confirm that the seller has the right to sell, that there are no undisclosed rights or burdens affecting the property, and that the planning and building control position is in order. We raise enquiries with the seller's solicitor on any points that need clarification, and we advise the client clearly on the answers before contracts are signed.

Where the purchase involves a mortgage, we review the loan offer, confirming the property meets the lender's requirements, and manage the drawdown of funds. We handle stamp duty, registration with the Property Registration Authority, and the post-completion steps so that ownership is properly recorded and the title is in order.

Contract reviewWe read the contract in full, explain its terms, and raise any issues with the seller's solicitor before contracts are signed.
Title investigationWe investigate the title to the property — confirming that the seller owns it outright, that there are no judgment mortgages or other registered burdens, and that the boundaries match what is on the ground.
Planning and complianceWe check that any extensions, conversions, or structures on the property have the necessary planning permissions and certificates of compliance with the Building Regulations.
Mortgage and lender requirementsWhere there is a mortgage, we liaise with the lender, review the loan offer, and manage the drawdown of mortgage funds in time for completion.
Stamp dutyStamp duty is payable by the buyer to the Revenue Commissioners under the Stamp Duties Consolidation Act 1999. The rates and bands are set by Finance Act and updated periodically, so the rate applying in any specific case is confirmed at the time the matter is closing. We calculate the stamp duty, file the return with Revenue, and arrange payment as part of the conveyancing.
Land Registry registrationWe register the ownership with the Property Registration Authority so that the title is properly recorded.

Selling a property

On a sale, we prepare the contracts and supporting documentation early in the process so that the file is ready when a buyer is found. We respond to the buyer's solicitor's pre-contract and requisition enquiries promptly, address any title issues that arise, and conduct the matter through to completion and the release of the sale proceeds.

Where there is an existing mortgage on the property, we obtain a redemption figure from the lender, arrange for it to be discharged on completion, and arrange the release of the title deeds. Where the property has been recently extended or altered, we advise early on what planning and compliance documentation will need to be in order — addressing this at the start of the matter avoids delays later.

Contracts and documentationWe prepare the contracts for sale and the supporting documentation, including copies of the title, planning documents, and relevant certificates of compliance.
Responding to enquiriesWe deal with the buyer's solicitor's pre-contract and requisition queries.
Mortgage dischargeWhere the property is mortgaged, we first obtain the Title deeds from your lending institution to draft contracts together with the redemption figure, we then arrange for the mortgage to be paid off on completion.
Completion and closingWe manage the transfer of ownership documentation and the release of the sale proceeds, and confirm that the matter has been properly closed.
Capital Gains Tax flagWhere the property being sold is not the seller's principal private residence, a Capital Gains Tax (CGT) liability may arise on the sale. CGT is a separate tax matter and is generally handled by the seller's accountant. We flag the issue early and signpost to appropriate tax advice.

First-time buyers

First-time buyers in Ireland may have access to two schemes that affect the deposit and the legal title to the property. The Help to Buy scheme (administered by the Revenue Commissioners) allows eligible first-time buyers to claim a tax rebate towards the deposit on a new build. The cap and qualifying criteria are set by Finance Act and updated periodically, so the figures applying in any specific case are confirmed at the time of application.

The First Home Scheme is a separate equity-share scheme operated by the State, designed to bridge the gap between an applicant's mortgage and the price of an eligible new build. The scheme takes an equity stake in the property in exchange for the contribution. Where it applies, this affects the legal title and the long-term position of the property — we advise on those implications as part of the conveyancing.

What to have ready before instructing a solicitor

For buyersPhoto ID and proof of address (passport or driving licence), mortgage approval in principle, details of the deposit and its source (required for anti-money laundering purposes under the Criminal Justice (Money Laundering and Terrorist Financing) Acts), the buyer's PPS number, and the name and contact details of the estate agent.
For sellersPhoto ID and proof of address, the title deeds or folio number where available, details of the mortgage lender and account number, any planning permissions or certificates of compliance for works carried out on the property, and a valid Building Energy Rating (BER) certificate (required by law before marketing a property for sale or rent).

Instruction

We open the file, confirm the client's details, explain the likely timeline, and identify the documents we will need from the client. Many clients instruct a solicitor before an offer is accepted; the file can sit on standby until contracts are issued.
Identity and documentation

We carry out the identity and anti-money laundering checks required under the Criminal Justice (Money Laundering and Terrorist Financing) Acts and gather the core documents needed to begin legal work — title information from a seller, deposit-source documentation from a buyer.
Contract stage

On a purchase, we review the contract and title documents in full and raise pre-contract and requisition enquiries with the seller's solicitor. On a sale, we prepare the contracts and supporting documentation and respond to the buyer's solicitor's queries.
Mortgage and finance

Where there is a mortgage, we review the loan offer, confirm the property meets the lender's requirements, and arrange the drawdown of mortgage funds in time for completion.
Exchange and signing

Once the contractual queries are resolved and the lender's requirements (where applicable) are met, contracts are signed and exchanged. The transaction becomes legally binding at this point and a closing date is fixed.
Completion

On the agreed completion date, we manage the closing documentation and the transfer of funds, and confirm that ownership has passed correctly.
Registration and post-completion

We attend to the stamp duty return, registration with the Property Registration Authority, and the other post-completion steps, and confirm to the client when the matter is fully closed.

: In practice, yes. A solicitor is required to carry out conveyancing in Ireland — registration of property purchases with the Property Registration Authority cannot be completed without a solicitor's involvement. A mortgage lender will also require a solicitor to act for the lender (typically the same solicitor who acts for the buyer).
: It is common to instruct a solicitor at or before the point an offer is accepted, so that the file can be prepared and documentation gathered. Earlier instruction tends to produce a smoother process once contracts are issued, because the firm's identity and money-laundering checks have already been completed.
: The typical timeline from instruction to completion is eight to twelve weeks for a straightforward transaction, though this varies significantly depending on the complexity of the title, how quickly the parties respond, and whether issues arise during the process. New builds can take longer depending on the stage of construction at the time of contract.
: Stamp duty is a tax paid by the buyer to the Revenue Commissioners on the purchase of a property, governed by the Stamp Duties Consolidation Act 1999. The rates and bands applicable to residential property are set by Finance Act and updated periodically, so the rate applying in any specific transaction is confirmed at the time the matter is closing. We calculate the stamp duty payable, file the return with Revenue, and arrange payment as part of the conveyancing.
: Title investigation is the solicitor's review of the legal ownership of the property. We confirm that the seller has good marketable title — meaning that the seller owns the property and is entitled to sell it — that there are no outstanding mortgages, judgment mortgages, or registered burdens, and that the planning and building control position is in order. A thorough title investigation establishes whether there are legal problems that affect the value of the property or the buyer's ability to take clear title.
: Issues do arise during conveyancing — a title defect, a planning irregularity, an issue with the boundary, or a problem with documentation. Our role is to identify the issue, advise the client on its significance, and work with the other side to resolve it. In some cases, an issue will be resolved by clarification or by an indemnity; in others, it may affect the price or the terms; in some, the parties may not be able to agree a way forward, and the matter will not complete. We advise the client honestly at each stage.
: Yes. A Building Energy Rating (BER) certificate is required by law before a property can be marketed for sale or for rent in Ireland (under the European Communities (Energy Performance of Buildings) Regulations). A valid BER certificate must be in place before the contracts for sale are issued. Where one is not available, an assessment must be carried out by a registered BER assessor.
: Most properties in Ireland are now registered with the Property Registration Authority (PRA) — ownership is established by reference to the entry on the Register of Titles maintained under the Registration of Title Act 1964. Older properties may still have unregistered title, where ownership is proved by the chain of title deeds. Both are legally valid, but unregistered title requires a more detailed investigation, and conversion to registered title is generally advised as part of the transaction where the property is being sold or mortgaged.
: Yes. The firm acts for clients across County Kilkenny and the surrounding counties, and regularly assists clients based elsewhere in Ireland or abroad. Most of the conveyancing process can be conducted by phone, email, and secure document exchange, with attendance in person required only at specific points (such as the signing of contracts and the deed of transfer).
: Conveyancing costs are made up of professional fees and outlays. Outlays are third-party costs — Land Registry fees, search fees, stamp duty, and similar — and are fixed by the relevant authority or by statute. Professional fees vary depending on the complexity of the transaction. We discuss our fees with each client at the outset, including the basis on which we charge.

Get in touch

A clear assessment of your conveyancing matter

Get in touch with us in Kilkenny. Whether the matter is buying a first home, moving home, an investment purchase, or selling, we'll explain how the conveyancing process applies to the specific transaction.

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Reviewed by Mary Molloy Principal Solicitor Admitted to the Roll of Solicitors 1980, Law Society of Ireland University College Dublin Last reviewed: May 2026

Buying & Selling Property in Kilkenny

Practical conveyancing advice

How conveyancing works in Ireland

Buying a property

Selling a property

First-time buyers

What to have ready before instructing a solicitor

Instruction

Identity and documentation

Contract stage

Mortgage and finance

Exchange and signing

Completion

Registration and post-completion

What clients ask us most

A clear assessment of your conveyancing matter

Wills & Estate Administration

Family & Childcare Law

Personal Injury / Litigation