S.I. No. 363/1991 - Land Registration (Fees) Order, 1991.

S.I. No. 363 of 1991.

LAND REGISTRATION (FEES) ORDER, 1991.

I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by section 14 (1) of the Registration of Title Act, 1964 (No. 16 of 1964), and with the consent of the Minister for Finance, hereby order as follows:

1. ( a ) This Order may be cited as the Land Registration (Fees) Order, 1991.

( b ) This Order shall come into operation on the 1st day of April, 1992.

2. The Land Registration Fees Order, 1983 ( S.I. No. 388 of 1983 ), is hereby revoked.

3. In this Order—

"the Act of 1964" means the Registration of Title Act, 1964 (No. 16 of 1964);

"the 1972 Rules" means the Land Registration Rules, 1972 ( S.I. No. 230 of 1972 ), and any subsequent rules amending or extending the same;

"the Registrar" means the Registrar of Titles;

"value" means—

( a ) in the case of registration of transfers on sale of registered property, the amount of the money consideration expressed in the transfer (or, where the property transferred includes unregistered property, the amount of the money consideration attributable, in the opinion of the Registrar, to the registered property), including the consideration for goodwill, together with the amount of any registered money charge, subject to which the property is transferred;

( b ) in the case of registration of money charges (including judgment mortgages) secured on registered property and in the case of examination of title under Rule 45 (d) of the 1972 Rules—

(i) where the amount of the charge is a definite sum, the amount secured;

(ii) where the charge is to secure an indefinite sum the amount covered by the stamp duty, or where no stamp duty is payable the amount which is in fact secured by the charge;

( c ) in the case of registration of money charges (including judgment mortgages) secured on registered and unregistered property, the appropriate amount ascertained, pursuant to paragraph (b) of this definition, in respect of the proportionate part of the charges attributable to the registered property as certified by the solicitor for the applicant or by a person who, in the opinion of the Register, is competent to value property.

4. The fees to be charged and taken in the Land Registry in proceedings under the Act of 1964 shall be in accordance with this Order and the Schedule thereto and all such fees shall be payable in cash, or by means of banker's draft, money order, postal order or cheque drawn to the order of the Registrar, provided that in any particular case the Registrar may decline to accept payment by cheque.

5. No registration shall be made and no other transaction shall be done or completed until the appropriate fee has been paid in accordance with Article 4 of this Order.

6. Where, on a transfer on sale, the whole or part of the purchase money is secured by way of a charge or lien for unpaid purchase money, full fees shall, on registration of the transferee, be chargeable on the full amount of the purchase money.

7. Where a transfer or assent creates charges for the repayment of moneys advanced on the property transferred or vested by the assent, as the case may be, or where such charges on the property are lodged at the same time as the transfer or assent, half fees only shall be chargeable for the registration of such charges.

8. Where a transfer, will or assent creates charges (otherwise than in repayment of moneys advanced) or burdens on the property transferred, devised or vested by the assent, as the case may be, or where a transfer or assent and an instrument creating charges (otherwise than in repayment of moneys advanced) or burdens are lodged at the same time, no fees shall be chargeable for the registration of such charges or burdens.

9. No fee shall be chargeable—

( a ) for the registration of the ownership of a charge on the register of the property charged where such registration is made at the time of registering the charge as a burden;

( b ) for the entry on the register of an address or description or change or amendment of name or description;

( c ) for the conversion of a title under section 50 of the Act of 1964 on the initiative of the Registrar;

( d ) for the registration of ownership of a registered burden on the transfer of such burden, where application is made at the same time for the registration of the ownership of the transferee;

( e ) in respect of an application for registration by a Department of State where it is certified to the satisfaction of the Registrar that the fee would, but for this paragraph be payable solely out of moneys provided by the Oireachtas.

10. Nothing in this Order shall authorise the charging of a fee for any registration or transaction that is required by statutory enactment to be made or done free of charge.

11. No fee exceeding £250 shall be charged in any one proceeding.

SCHEDULE

PART I

Applications for Registration

Item 1:
First registration ... ... ... ... ...	£30.00
Item 2:
Registration of ownership under section 49 of the Act of 1964 ... ... ... ... ... ... ...	£ 40.00
Item 3:
Registration of—
( a ) transfers of property;
( b ) burdens—
on the first £5,000 of value or where the total value does not exceed £5,000 ... ...	£ 65.00
on every £5,000 of value or part thereof by which the value exceeds £5,000 but does not exceed £30,000 ... ... ... ...	£ 30.00
where the total value exceeds £30,000 ...	£250.00
Item 4:
Registration of transfer other than transfer on sale of registered property ... ... ... ... ... ...	£ 40.000
Item 5:
Registration of transmission on death ... ... ...	£ 40.00
Item 6:
Registration of a transfer order under section 90 of the Housing Act, 1966 ... ... ... ... ...	£ 5.00
Item 7:
Registration of a purchase under the Labourers Act, 1936	£ 5.00
Item 8:
All other registrations ... ... ... ... ...	£ 12.00

PART II

Land Certificates, Copies, Searches and Inspections

Item 9:
( a ) Land Certificate (save where issued free under any statutory enactment) ... ... ...	£13.00
( b ) Application to write up Land Certificate ...	£ 4.00
Item 10:
( a ) Sealed and certified copy of folio of the register	£ 4.00
( b ) Sealed and certified copy of folio with filed plan attached ... ... ... ... ...	£ 9.00
( c ) Sealed and certified copy Extract from Schedule Folio ... ... ... ... ...	£ 4.00
( d ) Sealed and certified copy Extract from Schedule Folio with filed plan attached ... ...	£ 9.00
Item 11:
Sealed and certified copy of filed instrument, affidavit, order or ruling ... ... ... ... ... ...	£10.00
Item 12:
Certified copy of a map, showing rights of way and/or other special features, relating to the lands in one folio or, in the case of a Schedule Folio, to any particular lands ... ...	£20.00
Item 13:
Official search under Rule 190 of the 1972 Rules ...	£ 4.00
Item 14:
Priority search under Rule 191 of the 1972 Rules ...	£ 8.00
item 15:
Search by telephone under Rule 196 of the 1972 Rules	£ 4.00
Item 16:
Search docket entitling the holder to search the indexes relating to any one title in any one day ... ... ...	£ 1.00
Item 17:
Inspecting each folio, map, instrument or record ...	£ 1.00

PART III

Miscellaneous

Item 18:
Making any note or entry or providing any service for which no other fee is prescribed ... ... ...	£ 3.00

GIVEN under my Official Seal, this 20th day of December, 1991.

RAY BURKE,

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance this

24th day of December, 1991.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

The purpose of this Order is to prescribe the fees chargeable in the Land Registry as from the 1st April, 1992 under the Registration of Title Act, 1964 (No. 16 of 1964). The Land Registration Fees Order, 1983 is revoked by this Order.

TABLE

Registration of transfers or burdens for which fees are payable under Item 3 of the Schedule to the Order.

Value			Fees
£1	—	£5,000	£ 65
£ 5,001	—	£10,000	£ 95
£10,001	—	£15,000	£125
£15,001	—	£20,000	£155
£20,001	—	£25,000	£185
£25,001	—	£30,000	£215
£30,001	—	upwards	£250