Under Section 90 of the Housing Act 1966, the first resale, transfer of ownership or remortgage of a former local authority dwelling is subject to the approval of the Housing Authority. Vendors and Purchasers must complete the required application forms and submit same with supporting documentation to the Consents Section, Housing Department.
Consent is required only for the first sale for value, re-mortgage or transfer of interest in a property.
Please note, incomplete applications cannot be processed and will be returned.
If you bought your home from Wicklow Co. Council through a Sales Scheme or Affordable Scheme, the consent of the Council is needed if you decide to sell, re-mortgage or transfer your interest in the property.
How do I apply for consent?
- You should apply in writing through your solicitor to the Housing Consents Section of Wicklow County Council.
Is there an application fee?
- There is a €100 application fee.
- N.B. This should only be submitted when requested in writing to the Consents Section.
What do I need to know?
- If you are selling your property, you must provide evidence of having alternative suitable, permanent accommodation both for yourself and any dependants.
- The buyer must be in need of housing and intend to use the property as their normal place of residence.
- You must complete the Application form, and the proposed buyer must complete their part of the application form. Please note that additional information may also be requested.
- If you are going to live in a property owned by family members or friends, they must also complete the application form and the Right of Residence Declaration.
(See documents listed below in the related files section)
Disposal of Fee Simple (Ground Rent)
- If you purchased your home before May 1978, you became the owner of what is known as the leasehold interest. This meant that you did not own or ‘hold full title to’ the property but only owned the house and not the land it stood on.
How can I find out if my property is Freehold or Leasehold?
- The ownership and other details of the great majority of houses sold are registered in the Land Registry with the remainder being registered in the Registry of Deeds. You can check for details of ground rent on what is known as the ‘Folio’ if the property is registered in the Land Registry or on the previous deed if it is registered in the Registry of Deeds. Both systems are administered by the Property Registration Authority. See www.landregistry.ie or Tel. 076 100 1610 or 051 303 000.
Procedure for Purchase of Fee Simple (Ground Rent)
- Complete the application form and forward it to Housing Consents, Housing Department, Wicklow Co. Council, County Buildings, Wicklow.
- The amount of ground rent will be calculated, at which time you will be notified in writing of the amount due and requested to confirm within one month if you still wish to proceed with the purchase of ground rent. Payment is NOT required at this stage.
- On receipt of confirmation that you wish to proceed, the matter is sent for Managerial Approval.
- On receipt of Managerial Approval, the matter is sent before the Council Members for approval.
- When approval has been noted in the County Council Minutes, you will be written to and requested to pay the outstanding fee.
- When payment has been received, the matter is referred to the Council’s Law Department as a new Transfer Order has to be prepared with the reference to ground rent deleted. This new Transfer Order will then be sealed and returned to you. The new Transfer Order should be lodged in the Land Registry.
Please note that on receipt of a full application for the purchase of ground rent, the process can take up to 6 months to complete.
(See documents listed below in the related files section)