Freedom of Information

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What is Freedom of Information?

The Freedom of Information (FOI) Act 2014 was enacted on 14th October 2014. The FOI Act 2014 applies to the Property Registration Authority as and from 14th April 2015 (Section 1(3)(b)).

Under the FOI Act 2014, you have a right to:

  • access records held by FOI bodies
  • request correction of personal information relating to you held by FOI
    bodies where it is inaccurate, incomplete or misleading
  • obtain reasons for a decision made by FOI bodies where the decision
    affects you

These rights are subject to certain exemptions which are set out in the Freedom of Information Act 2014.

 

What records can I ask for under FOI?

You can ask for the following records held by this office:

  • any records relating to you personally, whenever created
  • other records created after 21st April 2008

A ‘record’ can be a paper document, information held on computer, printouts, maps, plans, microfilm, microfiche, audio-visual material, etc.

You do not have to give a reason as to why you want access to particular records and you must be given an explanation if you are refused access to any record that you have looked for. The FOI Act requires that you, the requester, give us ‘sufficient particulars’ to enable us to identify the records you require. Where your request relates to “personal information“ you must provide evidence of identity. We will accept photographic identification, for example a copy of your passport or driving licence, plus proof of address, for example a recent utility bill. Alternatively, you may use the Personal Applicant’s Identification Form.

Contact Details:

All requests under the FOI Act should be made in writing and addressed to:

By post:

FOI Officer
Property Registration Authority
Chancery Street
Dublin 7
D07 T652

By email: foi@prai.ie

Alternatively, you may use the FOI Request Form and submit this to the FOI Officer at the address given above along with appropriate identification.

A decision on your FOI application must normally be made within 20 working days.

 

Appealing a decision

If you are not satisfied with the decision made you can seek an internal review of the decision, which is a complete and new review of your request. This review will be conducted by someone in the organisation more senior than the original decision maker.

If following this you are still not satisfied, you can appeal this decision to the Office of the Information Commissioner.

 

Fees

There is no fee for making an initial application under FOI. However, in the case of requests which relate to non-personal information, there may be a fee charged for search, retrieval and copying. In relation to the search, retrieval and copying charges there is a minimum threshold of €101 below which no search, retrieval and copying charges can be charged. There is a cap on the amount that can be charged and this is set at €500.

The fee for an internal review (excluding certain exemptions) is €30 and €10 for medical card holders and their dependants. The fee for appeals to the Office of the Information Commissioner (excluding certain exemptions) is €50 and €15 for medical card holders and their dependants.

 

Disclosure Log

The Freedom of Information Act 2014 requires Freedom of Information (FOI) bodies to publish a disclosure log, which contains details of non-personal requests received under FOI and the decisions made by the body in response to those requests.

Please note that, for privacy reasons, identifying information such as the name of the requester is not included in the disclosure log. An FOI Disclosure Log will be available for download from this page in due course.

 

Exemptions

Any official information held by public bodies can be sought under the Act. However, in order to allow Government business to be properly conducted, it will sometimes be necessary to exempt from release certain types of information in some circumstances. These are set out in the Act. Among the key exemptions are records relating to:

  • Government meetings
  • deliberations, functions and negotiations of FOI bodies
  • law enforcement and security
  • confidential and commercially sensitive information
  • personal information (other than information relating to the person making the
    request)

For more comprehensive information on Freedom of Information including the text of the FOI Act, please visit the FOI Central Policy Unit website at www.foi.gov.ie

 

Outside of the FOI Act – general Information which may be of assistance to you

 

What information can I obtain from a Land Registry Folio?

There are three parts to a Folio document:

Part 1 – Provides the details of the property. These include description, location, Land Registry plan reference and also any rights that would attach to the property. Details of property transferred from the folio are also contained in Part 1b.

Part 2 – Contains details of the registered owners and the quality of the title and would also include any cautions or inhibitions registered against the property.

Part 3 – Contains details of all burdens registered against the property. These would include mortgages, rights of way, fishing and sporting rights etc.

Section 15(2)(a) and (b) of the FOI Act 2014 state that where records are available for inspection or where a copy is available to members of the public, whether free of charge or on payment of a fee, access to the record may be refused.

The Folios and maps of the Register constitute a public record and any person may apply to inspect or obtain a Copy Folio File Plan/Map, on payment of the appropriate fee. This can be done through our online service www.landdirect.ie

 

How do I search for a property on landdirect.ie?

To search for a property, click on the Proceed as Guest option. Once you accept the Terms & Conditions, a map of Ireland will display on your screen. Click on the “Search” option in the menu on the right hand side of the screen and various searching options including Folio, Address, Coordinates etc. are displayed.

The fee to View the folio is €5, the fee for a Certified Copy Folio with Map is €40.  This can be paid securely by credit or debit card.  If View Folio is selected, the folio will display on screen and a PDF copy will be emailed to you, if a Certified Copy is requested this will be sent to you by post.

Alternatively

Certified Copy Folio/File Plan Map can be applied for by completing the application form for Certified Copy Folio File Plan/Map and sending the completed form together with a cheque/postal order in the sum of €40 to:

Customer Service Unit
Property Registration Authority
Chancery Street
Dublin 7
D07 T652

(Certified copies are usually issued in the post within 2-3 days of receipt of your application).

 

What is a Land Registry Instrument?

When an application for registration is completed, the legal effect of the documents lodged is registered on the Folio. The title documents are subsequently filed in the Land Registry in a file known as an “Instrument”. An inspection of the Folio will give you the relevant Instrument number of all applications completed and registered on the Folio (The Instrument no. is given under the date of registration in each case).

Section 41(1)(a) and (b) of the FOI Act 2014 states that a head shall refuse to grant an FOI request if (a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

(b) the non-disclosure of the record is authorised by any such enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record.

Access to Land Registry Instruments is governed by Rule 159 of the Land Registration Rules 2012. You may apply for a copy of an Instrument under Rule 159. Any person who is entitled to inspect an Instrument may obtain a copy of the Instrument, on payment of the appropriate fee.

The completed application form (Form 96) along with appropriate identification (Personal Applicant’s Identification Form) and a cheque/postal order for the relevant fee (€40 per Instrument) should be lodged to:

Customer Service Unit
Property Registration Authority
Chancery Street
Dublin 7
D07 T652

 

What is the Registry of Deeds?

If a property is not registered in the Land Registry it may have been dealt with in the Registry of Deeds. When a deed is presented in the Registry of Deeds, the Registry of Deeds notes the existence of the transaction. The original deeds are then returned to the lodging solicitor.

If the transaction was completed after May 2008 the Registry of Deeds record would contain the details of the lodging party to whom the original deeds were returned.

(Prior to May 2008 it was not practice to record the details of the lodging party in the Registry of Deeds).

Section 15(2)(a) and (b) of the FOI Act 2014 state that where records are available for inspection or where a copy is available to members of the public, whether free of charge or on payment of a fee, access to the record may be refused.

The records held by the Registry of Deeds are public records and any person can carry out a search there on payment of the relevant fee.

In order to search against the index of names in the Registry of Deeds, you must know the name of a former owner who granted (e.g. sold) the property as the index of names is an index of grantors only. Please refer to Registry of Deeds Services for more information.

General information queries outside of the FOI Act can be made:

By email:                    info@prai.ie

By telephone:           0761 001610 or 051 303000

By post:                      

Property Registration Authority
Cork Road,
Waterford
X91 FP98

(For Counties Carlow, Clare, Cork, Kerry, Kilkenny, Laois, Limerick, Offaly, Tipperary, Waterford, Wexford)

 

Property Registration Authority
Golf Links Road,
Roscommon
F42 NC84

(For Counties Donegal, Galway, Leitrim, Longford, Mayo, Roscommon, Sligo)

 

Property Registration Authority
Chancery Street,
Dublin 7
D07 T652

(For Counties Cavan, Dublin, Kildare, Louth, Meath ,Monaghan, Westmeath,  Wicklow)

 

Updated: 22nd March 2018