Section 48 of the Environment (Miscellaneous Provisions) Act 2015 which was signed into law on the 27th July 2015 amends The Water Services Act 2014 to provide that a vendor must pay to Irish Water any water charge owing and provide his or her solicitor with a certificate of discharge or statement confirming that the vendor has no liability to Irish Water (s 48.3A(2)).
As of the 7th September 2015 this section has not been commenced, but it is expected that it may be commenced shortly.
Under the section, if a vendor does not provide a certificate of discharge or statement from Irish Water, the vendor’s solicitor must request the vendor to provide it (s 48.3A(3)). Where the vendor does not provide it on being requested, the vendors solicitor must seek such a certificate / statement from Irish Water (s 48.3A(4)).
Section 48 provides that the vendor’s solicitor must withhold from the net proceeds of sale any amount owing to Irish Water, “after the discharge of all mortgages and other liabilities relating to the sale” and remit it to Irish water within 20 days of the sale. Irish Water will then provide the vendor’s solicitor with a receipt in relation to the amount remitted to it. It is provided in s 48.3A.(10) that Irish Water shall provide certificates of discharge, statements and receipts referred to above “without undue delay”.
Arising out of this amendment to The Water Services Act 2014, certificates of discharge and statements of account are now added to the list of documents to be provided by a vendor before the completion of a sale, which includes certificates of discharge/exemption from NPPR, certificate of discharge in relation to the Household Charge, and up to date Local Property Tax print-outs showing nil balances in the correct band.
When you are planning on selling your property, arranging this documentation early will save any unnecessary delays nearer completion. Augustus Cullen Law can assist in advising you on matters to be dealt with when you have decided to sell your property.
08 September 2015