S.I. No. 51/2008 - Registry of Deeds (Fees) Order 2008

S.I. No. 51 of 2008

REGISTRY OF DEEDS (FEES) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th March, 2008.

I, BRIAN LENIHAN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 21 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006), with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Registry of Deeds (Fees) Order 2008.

(2) This order shall come into operation on the 1st May 2008.

2. The Registry of Deeds (Fees) Order, 1999 ( S.I. No. 346 of 1999 ), is hereby revoked

3. (1) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

(2) In this Order—

“the Act” means the Registration of Deeds and Title Act 2006 and words or expressions defined in the Act have the same meaning as in the Act, where the context so admits.

“the Rules” means the Registration of Deeds Rules 2008 and words or expressions defined in the Rules have the same meaning as in the Rules, where the context so admits.

“application” means an application for registration under the Rules.

“name” does not include any variation either of the forename or the surname.

“the Authority” means the Property Registration Authority under Section 9 of the Act.

“account holder” means a person authorised by the Authority to maintain an account on R.A.M.I.S. (Registry’s Automated Management Information System) for the payment of searches.

4. A subsequent submission for comparison of a deed and application shall be deemed to arise where an application is refused in accordance with Rule 6(2) of the Rules

5. No fee shall be charged under Item 2(b) of the Schedule until 4th August 2008.

6. The fees to be charged and taken in the Registry of Deeds in proceedings under the Act of 2006 shall be in accordance with this Order and the Schedule hereto and all such fees shall be payable in cash, or by means of banker’s draft, money order, postal order, credit transfer, cheque drawn to the order of the Authority, such electronic means and such account holders as approved by the Authority, or in such other manner as may be approved by the Authority, provided that in any particular case the Authority, with due cause, may decline to accept payment or may suspend receipt of payments by any one or other of the above methods.

7. 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 6 of this Order.

8. No fee shall be chargeable in respect of an application for the registration by a Minister of the Government or the Commissioners for Public Works in Ireland where it is certified to the satisfaction of the Authority that the fee would, but for this paragraph be payable solely out of moneys provided by the Oireachtas.

9. 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.

10. The fees specified in column number 3 of the Schedule to this Order shall be charged by the Authority in respect of the items specified in column number 2 of the Schedule to this Order.

SCHEDULE

Column1	Column2	Column3
	Item	Fee
1.	Registration of Deeds
	In respect of every deed registered	€50.00
2.	Comparison
	(a) In respect of first submission of deed and application for comparison	Nil
	(b) In respect of each subsequent submission of deed and application for comparison	€20.00
3.	Certificates of Registration
	(a) In respect of every certificate of registration beyond the first or special certificate of registration if presented with original deed	€20.00
	(b) In respect of every certificate of registration beyond the first or special certificate of registration if presented subsequent to registration of original deed	€50.00
4.	Official Search
	In respect of an official search upon names made by office under a requisition in respect of each name, for each specified lands or premises, for each period of ten years or part thereof	€20.00
5.	Continuation of an Official Search
	Continuation of an official search, in respect of each name, for each specified lands or premises, for each period of ten years or part thereof	€20.00
6.	Search by Members of the Public
	Search by members of the public in respect of each name, for each specified lands or premises, for each period of ten years or part thereof	€2.00
7.	Copies
	For every certified copy of a memorial or application	€20.00
	Plain copy of microfilm of a memorial or application	€1.00 per page
8.	Entry of Satisfaction of Mortgage
	(a) In respect of entry of certificate of satisfaction of a judgement mortgage	€20.00
	(b) In respect of entering satisfaction of mortgage on record and granting certificate to like effect pursuant to section 84 of the Building Societies Act, 1976 (No. 38 of 1976), or section 18 of the Housing Act, 1988 (No. 28 of 1988)	€20.00
9.	Inspection of Original Memorial /Application or Affidavit
	For every original memorial / application or affidavit produced for inspection in the Registry	€10.00
10.	For Attendance of Officer to Produce Memorial or Other Document in Court
	For attendance of officer to produce memorial or other document in Court	€100.00 in respect of each day of officer’s attendance together with travel and subsistence expenses as actually incurred
	Item	Fee
11.	General Search
	General search, without limitation, each day, by each member of the Public against all indexes prior to 1970	Nil
12.	Other Services Providing any service for which no other fee is prescribed	€20.00

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GIVEN under my Official Seal,

20 February 2008

BRIAN LENIHAN.

Minister for Justice, Equality and Law Reform.

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GIVEN under the Official Seal of the Minister for Finance,

27 February 2008

BRIAN COWEN.

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order, which comes into operation on the 1st day of May, 2008, provides for a revised scale of fees to be charged in the Registry of Deeds. This Order replaces the Registry of Deeds (Fees) Order, 1999.