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Property Services (Regulation) Act 2011

Type Act

Publication 2011-12-20

Last updated 2026-06-17

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 101

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

17 amending acts · 2026-06-17, revised-IE-2011-act-40@2026-06-17

Act to provide for the establishment of a body, to be known as An tÚdaras Rialála Seirbhísí Maoine, or in the English language the Property Services Regulatory Authority, to control and supervise the providers of property services, to cause any complaints against those providers to be investigated and to adjudicate on any such complaints; to provide for the establishment of a body to be known as An Bord Achomhairc um Sheirbhísí Maoine, or in the English language the Property Services Appeal Board, to hear and determine appeals against certain decisions of the Authority; and to provide for taking account of Directive 2006/123/ec in so far as it relates to property services; to provide for the consequential repeal or amendment of certain enactments and the revocation of a statutory instrument; and for related matters.

Reform history JSON API

(b) by remitting, for stated reasons and with or without directions, the matter to the Authority for reconsideration and the making of a new decision (which new decision may, in the case of a decision of the Authority which falls within paragraph 13(c), be a decision under section 68(4)(a) to impose a major sanction),

(c) by substituting its determination for that decision (which determination may, in the case of a decision of the Authority which falls within paragraph 13(c), be a decision under section 68(4)(a) to impose a major sanction) which shall thereupon stand annulled.

(2) Sections 68(10) and 73 shall, with all necessary modifications, apply to the Appeal Board as it applies to the Authority.

(3) Where a determination of the Appeal Board referred to in subparagraph (1)(c) is a decision under section 68(4) (a) to impose a major sanction, sections 69 to 72 shall, with all necessary modifications, apply to the determination as if it were a decision of the Authority to impose a major sanction on the licensee concerned.

Dismissal of frivolous, etc., appeal

25.

The Appeal Board shall dismiss any appeal which in its opinion is frivolous or vexatious or without substance or foundation.

Matters on which appeal is grounded

26.

An appeal shall be grounded on—

(a) the record of the decision of the Authority which is the subject of the appeal,

(b) the information contained in the notice of appeal,

(c) any submissions (including any elaborations thereon) made in accordance with this Part to the Appeal Board on any matter arising on the decision or that information,

(d) any other document or information received in accordance with this Part by the Appeal Board on the hearing of the appeal.

Sittings of Appeal Board

27.

Sittings of the Appeal Board shall be held otherwise than in public unless—

(a) the Authority, the appellant or, if paragraph 17 is applicable, the other party to the complaint makes a request in writing to the Appeal Board that the sittings (or a part thereof) in respect of the appeal concerned be held in public and states in the request the reasons for the request, and

(b) the Appeal Board, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.

Oral hearings

28.

(1) Subject to subparagraphs (2) to (5), the Appeal Board, of its own motion or at the request of a party, may in its absolute discretion conduct an oral hearing of an appeal.

(2) A request by a party for an oral hearing—

(a) shall be made in writing to the Appeal Board,

(b) subject to clause (c), shall be made within the period of 30 days referred to in paragraph 13,

(c)(i) where the request is made by the Authority, shall be made within the period of 30 days referred to in paragraph 21 (1), or

(ii) if the request is made by the person referred to in paragraph 17 as the “other party”, shall be made within 30 days of the notice of appeal being received by that person.

(3) The Appeal Board shall not consider a request for an oral hearing made later than the expiration of the relevant period referred to in subparagraph (2).

(4) Where the Appeal Board refuses a request to conduct an oral hearing, it shall serve notice of its decision and the reasons for its decision on each party to the appeal and on any person who has made a submission under paragraph 22 in respect of the appeal.

(5) The Appeal Board in conducting an oral hearing may take evidence on oath, and the administration of such an oath by any member of the Appeal Board is hereby authorised.

(6) The Appeal Board may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the appeal or to produce any relevant documents within his or her possession or control or within his or her procurement.

(7) A person referred to in subparagraph (6) shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that subparagraph as if the person were a witness before the High Court.

(8) Where a person referred to in subparagraph (6) does not comply or fully comply with a requirement referred to in that subparagraph, the Appeal Board may apply to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

(9) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.

Expenses of persons attending before Appeal Board

29.

The reasonable travelling and subsistence expenses of any person attending before the Appeal Board in accordance with paragraph 28 (6) shall be paid out of moneys provided by the Oireachtas.

Notice of determination

30.

The Appeal Board shall serve a notice in writing of its determination and the reasons for its determination on each party to the appeal and on any person who has made a submission under paragraph 22 in respect of the appeal.

Delayed or abandoned appeals

31.

(1) Where the Appeal Board is of the opinion—

(a) that proceedings on an appeal have been unnecessarily delayed by the conduct of the appellant, or

(b) that an application for a licence to which the appeal relates has been abandoned,

it may serve on the appellant a notice in writing stating that it is of that opinion and requiring the appellant, within a period specified in the notice (being not less than 14 or more than 28 days from the date of service of the notice) to make a submission in writing to it as to why the appeal should not be treated as having been withdrawn.

(2) At any time after the expiration of the period specified in a notice under subparagraph (1), the Appeal Board may, after considering any submissions made to it pursuant to that subparagraph—

(a) declare that the appeal is and, where appropriate, the application under section 30 for a licence also is to be treated as having been withdrawn, or

(b) determine the appeal.

(3) Where under subparagraph (2)(a) the Appeal Board declares that an appeal or application referred to in that subparagraph is to be treated as having been withdrawn, then—

(a) the appeal is deemed to have been withdrawn and, accordingly, shall not be determined by the Appeal Board, or

(b) notwithstanding any previous decision relating to the application, a licence shall not be issued as a result of it,

as the case may be.

SCHEDULE 6 Provisions Applicable to Administration of Property Services Compensation Fund

Section 77.

The Authority is deemed to hold on trust all moneys paid to the Fund and shall open and maintain a separate account for such moneys.

The Authority may invest moneys of the Fund in securities in which trustees are authorised by law to invest trust funds.

The Authority may, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, borrow for the Fund and, for the purpose of giving security in respect of such borrowing, may charge investments of the Fund.

The Authority may insure against any risk relating to the Fund.

The following shall be paid into the Fund—

(a) all appropriate contributions,

(b) all interest, dividends and other income and accretions of capital arising from the investment of the Fund or any part of it,

(d) all moneys borrowed for the purposes of the Fund,

(e) all moneys received by the Authority under any insurance effected by the Authority under paragraph 4, and

(f) any other moneys which may belong to or accrue to the Fund or be received by the Authority in respect of it (including any moneys payable by virtue of the imposition of a major sanction on a licensee which falls within paragraph (c) of the definition of “major sanction” in section 2(1)).

The following shall be paid out of the Fund—

(a) costs, charges and expenses incurred in maintaining, protecting, administering and applying the Fund,

(b) premiums on any insurance effected by the Authority under paragraph 4,

(d) payments of any grants,

(e) costs, charges and expenses incurred by the Authority under Part 9 or under this Schedule,

(f) costs, charges and expenses incurred by the Authority in enforcing compliance with the regulations made under section 95 prescribing contributions to the Fund and ascertaining whether those regulations have been complied with, and

(g) other sums properly payable out of the Fund.

The Authority shall keep all proper and usual accounts of all moneys paid into the Fund and disbursements from the Fund, including—

(a) an income and expenditure account,

(b) a cash-flow statement, and

As soon as may be after the end of each financial year of the Authority, the Authority shall submit—

(a) the accounts of the Fund to the Comptroller and Auditor General for audit, and

(b) a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to the Minister.

The Minister shall cause copies of the 2 documents referred to in paragraph 8(b) to be laid before each House of the Oireachtas as soon as may be after the documents are submitted to him or her by the Authority.

SCHEDULE 7 Modifications of this Act in Relation to Relevant Persons

Section 83.

Except as provided otherwise in this Schedule, sections 29 to 36, 39 and 40, paragraph (d) of the definition of “material matter” in section 41(4), sections 45, 52, 53, 77 to 81, 89 and 98 to 100 and paragraph 13 (except clauses (b), (c) and (d)) of Schedule 5 shall not have effect in relation to relevant persons.

In section 2(1)—

(a) in the definitions of “accounting records”, “advised letting value”, “advised market value”, “bank”, “business”, “client”, “client account”, “client moneys”, “financial services”, “improper conduct”, “investigation report”, “minor sanction”, “professional indemnity insurance” and “relevant price range”, any reference to a licensee is a reference to a relevant person, and

(b) in the definition of “major sanction”—

(i) any reference to a licensee is a reference to a relevant person,

(ii) the reference in paragraph (a) of that definition to the revocation of a licence is a reference to the prohibition of the relevant person from providing a property service in the State,

(iii) the reference in paragraph (b) of that definition to the suspension for a specified period of a licence is a reference to a prohibition of the relevant person from providing a property service in the State for a specified period, and

(iv) paragraph (c) is deleted.

Section 2 is amended by substituting the following for subsection (2):

“(2) For the purposes of this Act, a property service shall be regarded as being provided in the State if the property service is provided by—

(a) a relevant person established in the State and whether or not—

(i) the client concerned is ordinarily resident in the State, or

(ii) the property concerned is located in the State,

(b) a relevant person who is an individual physically in the State—

(i) where the client concerned is ordinarily resident in the State, and

(ii) whether or not the property concerned is located in the State,

or

(c) in the case of a relevant person which is not an individual, any principal officer, employee or agent of the relevant person who is both an individual and physically in the State—

(i) where the client concerned is ordinarily resident in the State, and

(ii) whether or not the property concerned is located in the State.”.

In section 2(5) and (6), any reference to a licensee or former licensee is a reference to a relevant person or former relevant person respectively.

In section 11(1) and (2)(d), (g), (h), (i), (j) and (m), any reference to a licensee is a reference to a relevant person.

In section 18(7), (10) and (11), any reference to a licensee is a reference to a relevant person.

(1) Section 28(1) is amended by deleting “unless the person is the holder of a licence which is in force in respect of that property service” and substituting “unless the person is a relevant person and that property service is the corresponding property service within the meaning of section 82”.

(2) In section 28(2), any reference to a licensee is a reference to a relevant person.

In section 37—

(a) any reference to a licensee is a reference to a relevant person,

(b) any reference to a licence is a reference to a relevant authorisation, and

(c) any reference to a licensee’s registration number is a reference to the number (if any) assigned to the relevant person or the relevant person’s relevant authorisation which distinguishes that relevant person from any other relevant person holding a relevant authorisation from the same competent authority as the first-mentioned relevant authorisation is held.

Section 38 is amended—

(a) by substituting the following for subsection (3):

“(3) Subject to subsection (4), where a relevant person is convicted of an offence under subsection (2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

(b) in subsection (5), by inserting “, a relevant authorisation within the meaning of section 82 and a duplicate of such a relevant authorisation” after “a licence”.

10.

In section 41—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference to a licence is a reference to a relevant authorisation.

11.

In section 42(1), any reference to a licensee is a reference to a relevant person.

12.

In sections 43 and 44, any reference to a licensee is a reference to a relevant person.

13.

In section 46, any reference to a licensee is a reference to a relevant person.

14.

(1) In section 47(1) and (3), any reference to a licensee is a reference to a relevant person.

(2) Section 47 is amended—

(a) by substituting the following for subsection (5):

“(5) Subject to subsection (6), where a relevant person is convicted summarily of an offence under subsection (1) or (3), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

(b) by substituting the following for subsection (7):

“(7) Subject to subsection (8), where a relevant person is convicted on indictment of an offence under subsection (1) or (3), the court shall order that the relevant person be permanently prohibited from providing any property service.”.

15.

In section 48—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference to a former licensee is a reference to a former relevant person.

16.

In sections 49 to 51, any reference to a licensee is a reference to a relevant person.

17.

In section 54—

(a) any reference to a licensee is a reference to a relevant person,

(b) any reference to a former licensee is a reference to a former relevant person, and

(c) the reference in paragraph (b) of subsection (1) to the revocation or suspension of a licence is a reference to the prohibition of the relevant person from providing a property service or from providing a property service for a specified period respectively.

18.

In Part 6, any reference to a licensee is a reference to a relevant person.

19.

In Part 7—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference in section 64 to the suspension of a licence is a reference to a prohibition of the relevant person from providing a property service in the State, whether for a period, or until the occurrence of an event, referred to in that section.

20.

Section 66 is amended—

(a) by substituting the following for subsection (18):

“(18) Subject to subsection (19), where a relevant person is convicted summarily of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

(b) by substituting the following for subsection (20):

“(20) Subject to subsection (21), where a relevant person is convicted on indictment of an offence under subsection (17), the court shall order that the relevant person be permanently prohibited from providing any property service.”.

21.

In section 90, any reference to a licensee is a reference to a relevant person.

22.

Section 94 is amended by substituting the following for subsection (2):

“(2) Subject to subsection (3), where a relevant person is convicted of an offence under subsection (1), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”.

23.

In section 95(1)(c) and (f), any reference to a licensee is a reference to a relevant person.

24.

In Schedule 2—

(a) any reference to a licensee (except in paragraph 1 (k)) is a reference to a relevant person, and

(b) the reference in paragraph 1 (a) to the registration number of a licensee is a reference to the number (if any) assigned to the relevant person or the relevant person’s relevant authorisation which distinguishes that relevant person from any other relevant person holding a relevant authorisation from the same competent authority as the first-mentioned relevant authorisation is held.

25.

Schedule 2 is amended, in paragraph 1—

(a) in clause (n), by substituting “thereon,” for “thereon, and”,

(b) in clause (o), by substituting “licensee,” for “licensee.”, and

“(p) whether or not the relevant person is, in the provision of the property service, subject to a scheme of protection for clients similar to that afforded by the Fund to clients of a licensee in the provision of a property service,

(q) details of the professional indemnity insurance cover available to the relevant person in the provision of the property service,

(r) particulars of the competent authority which issued the relevant authorisation held by the relevant person, and

(s) particulars of where the conditions (if any) subject to which the relevant person may provide the corresponding property service are available for inspection by a client or potential client of the relevant person.”.

26.

Schedule 5 is amended, in paragraph 20, by substituting the following for clause (a):

“(a) the complaint concerned (if any) and any other information received in that regard from the complainant,”.

SCHEDULE 8 Consequential Amendments to Other Enactments

Section 101.

Amendment of section 35 of Sea Fisheries Act 1952.

Section 35 of the Sea Fisheries Act 1952 is amended by substituting the following for subsection (2):

“(2) This section shall not apply to any person holding a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section.”.

Amendment of section 8 of Pawnbrokers Act 1964.

Section 8 (inserted by section 153 of the Consumer Credit Act 1995) of the Pawnbrokers Act 1964 is amended, in subsection (3), in paragraph (e), by substituting the following for subparagraph (v):

“(v) a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section,”.

Amendment of section 30 of Pawnbrokers Act 1964.

Section 30(1) of the Pawnbrokers Act 1964 is amended by inserting “and who is the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section” after “Minister”.

Amendment of section 13 of Firearms Act 1964.

Section 13(2) of the Firearms Act 1964 is amended by inserting “(being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section)” after “auctioneer”.

Amendment of section 44 of Bankruptcy Act 1988.

Section 44(4)(b) of the Bankruptcy Act 1988 is amended by substituting “section 52(1) of the Property Services (Regulation) Act 2011” for “section 7(1)(a) of the Auctioneers and House Agents Act 1967”.

Substitution of section 32 of Building Societies Act 1989.

The Building Societies Act 1989 is amended by substituting the following for section 32:

“Services relating to land.

32.— (1) Subject to section 36, a building society may provide services relating to land.

(2)

(a) Regulations may be made by the Minister, after consultation with the Central Bank, in respect of the provision by societies or their subsidiaries of services relating to land.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may include provisions for—

(i) the protection of persons for whom the services relating to land are provided by societies from conflicts of interest that might otherwise arise in connection with the provision of such services;

(ii) securing that adequate compensation is available to such persons in respect of negligence, fraud or other dishonesty on the part of officers or employees of societies in connection with the provision of such services;

(iii) the extent to which and the manner in which such services would require the involvement of persons with relevant qualifications and experience;

(iv) the class or classes of persons to whom such services may be provided;

(v) the restriction of the power to provide such services to societies of a prescribed class or classes; or

(vi) amending, restricting or extending the definition of such services that may be provided under this section.

(3) No employee of a society, a subsidiary or other associated body of which provides services relating to land under this section, shall act as agent for the subsidiary or body.

(4)

(a) A society or a subsidiary of a society providing services relating to land shall maintain separate accounting records and prepare accounts in respect of each year showing—

(i) the costs of providing each service, and

(ii) the income accruing from the charges made for the services,

and shall so provide and charge for each service that the income from the provision of the service is not less than sufficient to meet all costs properly attributable to the provision of the service taking one year with another.

(b) A statement attesting the correctness of the accounts prepared in accordance with paragraph (a) and confirming that such accounts have not been distorted as a result of any arrangement which would affect the apportionment of costs and income associated with the provision of each service and that such apportionments as have been made have been properly made shall be signed by the chief executive and 2 directors and attached to the annual accounts.

(5) In this section, ‘services relating to land’ means any service relating to the acquisition, disposition, management or development of land (including valuation, surveying, the collection of rent and the removal and storage of moveable property) or other services of a similar nature (including advisory services) that appear to the Central Bank to be services relating to such matters, but, and without prejudice to the generality of section 3 of the Property Services (Regulation) Act 2011, does not include the provision of a property service within the meaning of section 2(1) of that Act.”.

Amendment of section 36 of Building Societies Act 1989.

Section 36(1)(f) of the Building Societies Act 1989 is amended by deleting “auctioneering services and”.

Amendment of section 2 of Casual Trading Act 1995.

Section 2 of the Casual Trading Act 1995 is amended, in subsection (2), by substituting the following for paragraph (a):

“(a) selling by auction (other than by Dutch auction) by the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section,”.

Amendment of Stamp Duties Consolidation Act 1999.

The Stamp Duties Consolidation Act 1999 is amended by inserting the following sections after section 137A:

“Information exchange with Property Services Regulatory Authority.

137B.— (1) In this section “Authority” means An tUdarás Rialála Seirbhísí Maoine or, in the English language, the Property Services Regulatory Authority.

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Authority on or after the establishment day within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, supply to the Authority, such information in the Commissioners’ e-stamping system (including information which was in that system before that establishment day) as may be required by the Authority for the performance of the functions of the Authority.

Provision of information to Commissioner of Valuation.

137C.— (1) In this section “Commissioner of Valuation” means a Commissioner appointed under section 9(5) of the Valuation Act 2001.

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Commissioner of Valuation, supply to the Commissioner of Valuation such information in the Commissioners’ e-stamping system as may be required by the Commissioner of Valuation for the performance of the functions of the Commissioner of Valuation.”.

Amendment of Schedule 5 to Social Welfare Consolidation Act 2005.

10.

Schedule 5 to the Social Welfare Consolidation Act 2005 is amended, in paragraph 1(4), by substituting the following for “the Probate Office,”:

“the Probate Office,

the Property Services Regulatory Authority,”.

Footnotes

OJ No. L177, 30.06.2006, p.1.

OJ No. L376, 27.12.2006, p.36.

OJ No. L 119, 4.5.2016, p.1

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