Frequently asked questions

When an individual pays or receives a deposit on account of the price, the obligation to appear on the final deed of sale still stands.\nWhere a kapparra is paid instead, neither party is legally obliged to appear on the final deed of sale, but the party that fails to meet its obligations as agreed between the parties on the promise of sale is responsible for paying the penalty as agreed.

1) The deposit on account of the price. The norm today is that 10% of the price of the immovable is paid. The 10% deposit is not an obligation: the parties may agree on a different sum to be left as a deposit, or decide that no deposit is to be paid.\n2) The provisional duty. This is often 1% of the price of the property, which the notary collects in order to pay the Commissioner for Revenue on registration of the promise of sale. This tax paid on the promise of sale is deducted from the amount of tax due on the final deed. It may also be the case that no provisional tax is due if all the criteria are satisfied.\n3) The notarial expenses.

A declaration under Oath, many times referred to as an 'Affidavit', is a written statement made by an individual swearing under oath before a Commissioner for Oaths that the information and/or facts given in the document/s are true.

After the deed of sale, donation, partition, datio in solutum or other act is signed, title to the property is registered in the name of the person receiving and/or buying it.\nThe notary registers the contract with the Public Registry as well as with the Land Registry as required, within fifteen working days as stipulated by law. The relative taxes are also paid within the stipulated time.

The answer to this question is no. A valid will is one made before a notary and/or one deposited in court according to law.

Where no compensation is due, the division is not taxable. Where the divided shares are all equal between the parties concerned, and each share therefore holds a value equal to the other shares, no tax is due.\nBy way of example: if my sister and I each inherited an undivided half of a block of four apartments, and we now each take two apartments of the same value, we are exempt from paying tax on the deed of partition.

Any fee for an EPC will be payable by the current owner (directly or through his/her agent). This includes the fees payable to the EPB assessor.\nAn EPC assessment has to be carried out by registered EPB assessors who have undertaken training provided by the Building and Construction Agency and approved by the Building Regulation Board.\nIt is an offence for persons not registered with the Building and Construction Agency as EPB assessors to carry out an EPC assessment for the purposes of the Energy Performance of Buildings Regulations.

If you inherited the property before the 25th November, 1992 the tax is equal to 7% of the transfer value. The 7% tax is final.