Fees Order Amendment January 2013
In view of the regulatory impact of the Fees Order, a policy decision was taken not to reject applications to the Land Registry, which were lodged in the run up to the commencement on 1st December 2012 of the new Fees Order. The treating of dealings as abandoned was also suspended.
Following representations by the Conveyancing Committee of the Law Society to the Authority, the Revenue Commissioners and the Department of Social Protection, regarding the impact of the new Fees Order, in circumstance where applications for registration could have been lodged before the 1st December 2012 were it not for delays in retrieving Stamp Certificates from Revenue, agreement was reached with the Law Society that such dealings would be charged the pre December 2012 Land Registry fees, if accompanied by a letter from Revenue.
The Land Registration (Fees) (Amendment) Order 2013 (S.I. No. 21 of 2013), which commenced on 28th January 2013 and will expire on 31st December 2013, gives statutory recognition to the intent of the above practices. In addition, it allows rejected cases, (originally lodged prior to 1st December 2012 that are relodged before 31st December 2013), to be relodged on payment of the pre December 2012 fees.
The net effects of the amendment to the Fees Order are:
- Any applications, which were lodged prior to 1st December 2012 and subsequently rejected, may be relodged prior to 31st December 2013 at the fees that were payable immediately prior to the coming into force of the Land Registration Fees Order 2012 (S.I. No. 380 of 2012).
“Rejected” in the Land Registration (Fees) (Amendment) Order 2013 is to be taken to mean, either rejected at first instance or subsequently treated as abandoned for non reply to query. However, “rejected” does not include cases that are withdrawn by the lodging party.
- Any application received after 1st December 2012, which the Authority is advised by Revenue Commissioners would likely have been lodged prior to that date, were it not for unavoidable delays in Revenue, is to be accepted on payment of the fees that applied immediately prior to 1st December 2012.
In view of the above, the continuation of the policy of not rejecting cases, or not treating cases as abandoned, is no longer necessary and should cease with immediate effect. Applications should now be rejected and treated as abandoned in line withLegal Office Notice 8/2010 entitled “Rejection of Dealings, Query Management and Review”.
1st February 2013.