IE
(LRC Revised)
Statutory Text (1 Articles)
Number 40 of 2011
PROPERTY SERVICES (REGULATION) ACT 2011
REVISED
Updated to 17 June 2026
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Property Services (Regulation) Act 2011
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Arbitration (Amendment) Act 2026
(13/2026), enacted 17 June 2026, and all statutory instruments up to and including
the
Property Services (Regulation) Act 2011 (Qualifications) Regulations 2026
(S.I. No. 279 of 2026), made 17 June 2026, were considered in the preparation of
this Revised Act.
Disclaimer: While every care has
been taken in the preparation of this Revised Act, the Law Reform Commission can assume
no responsibility for and give no guarantees, undertakings or warranties concerning
the
accuracy, completeness or up to date nature of the information provided and does not
accept any liability whatsoever arising from any errors or omissions. Please notify
any
errors, omissions and comments by email to revisedacts@lawreform.ie.
Number
40
of
2011
PROPERTY SERVICES (REGULATION) ACT 2011
REVISED
Updated to 17 June 2026
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Interpretation.
3. Exemptions.
4. Application of this Act to principal officers and employees.
5. Laying of regulations and orders.
6. Expenses.
7. Repeals and revocation.
PART 2
Property Services Regulatory Authority
8. Establishment day.
9. Establishment of Property Services Regulatory Authority.
10. Membership of Authority and terms of membership.
11. Functions of Authority.
12. Meetings.
13. Membership of either House of the Oireachtas, European Parliament or local authority.
14. Advisory committees, consultants and advisers.
15. Non-disclosure of information.
16. Strategic plans.
17. Reports to Minister.
18. Codes of practice.
19. Chief Executive.
20. Staff of Authority.
21. Superannuation.
22. Accounts and audits.
23. Accountability of Chief Executive to Oireachtas Committee established to examine,
etc., appropriation accounts, etc.
24. Accountability of Chief Executive to other Oireachtas Committees.
25. Power to charge and recover fees.
26. Advances by Minister to Authority.
27. Inspectors.
PART 3
Licences to Provide Property Services
28. Prohibition of unlicensed property service.
29. Register of licensees.
30. Application for licence.
31. Issue or refusal of licence.
32. Tax clearance.
33. Documents to accompany certain applications.
34. Notification to applicant of refusal to issue licence, etc.
35. Renewal of licence.
36. Notification to applicant of refusal to renew licence, etc.
37. Display and production of licences.
38. Offence to use licence issued to another person.
39. Issue of replacement licence, etc.
40. Surrender and seizure of licence following suspension or revocation, etc.
41. Notification of material matter to Authority.
42. Provision of information by Garda Síochána.
PART 4
General Obligations of Licensees
43. Letter of engagement.
44. Retention of records.
45. Professional indemnity insurance.
PART 5
Client Accounts and Related Matters
46. Keeping and preservation of client accounts and records.
47. Offences relating to client accounts and accounting records.
48. Control of banking accounts or assets of licensees.
49. Priority of claims to client moneys.
50. Preservation of lien and other rights.
51. Provisions regarding banks.
52. Vesting in Official Assignee of sums to credit of certain client accounts.
53. Provisions relating to client accounts in event of bankruptcy.
54. Power of Authority to deal with documents.
PART 6
Sale or Letting of Land
55. Vendor to be given statement of advised market value, etc.
56. Estimate of selling price not to be less than advised market value, etc.
57. Evidence of reasonableness of advised market value.
58. Sale by auction.
59. Disclosure requirements applicable to vendor and licensee in relation to sale
of residential property.
60. Prohibition on provision of financial services, etc.
61. Retention of records where sale of land other than by auction.
62. Regulations under
Part 6
.
PART 7
Complaints, Investigations and Sanctions
63. Complaints against licensees.
64. Circumstances in which application may be made to High Court for immediate suspension
of licence, etc.
65. Investigations.
66. Powers of entry and inspection, etc., of inspectors for purposes of investigation.
67. Protection for persons reporting improper conduct, etc.
68. Actions to be taken by inspector and Authority upon completion of investigation.
69. Confirmation of High Court required before decision under
section 68(4)(a)
to impose major sanction takes effect.
70. Appeal to High Court against decision to impose major sanction.
71. Application to High Court to confirm decision to impose major sanction.
72. Provisions supplementary to
sections 70
and
71
.
73. Matters to be considered in determining sanctions to be imposed.
PART 8
Appeals Against Certain Decisions of Authority
74. Property Services Appeal Board.
75. Appeal to High Court on question of law.
76. Taking effect of certain decisions of Authority.
PART 9
Property Services Compensation Fund
77. Property Services Compensation Fund.
78. Compensation for loss due to dishonesty.
PART 10
Maintenance of Professional Competence of Licensees
79. Regulations may provide for professional competence schemes.
80. Review of professional competence scheme.
81. Duty of licensees to maintain professional competence.
PART 11
Property Services Provided by Certain Persons from EU Member States
82. Interpretation of
Part 11>
and
Schedule 7.
83. Application of this Act to relevant persons.
84. Relations with competent authorities.
85. Effect of revocation or suspension of relevant person’s relevant authorisation.
PART 12
Residential Property Sales Prices and Commercial Leases Database
86. Residential property sales prices.
87. Database of commercial property leases.
88. Tenants to provide Authority with particulars of relevant commercial leases.
PART 13
Miscellaneous
89. Investigation of persons other than licensees.
90. Certain provisions to be void.
91. Publication of sanctions, etc.
92. Receipt of notice.
93. Restriction of right of access to personal data in certain circumstances.
94. Offences — general.
95. Regulations that may be made by Authority — general.
96. Regulations that may be made by Minister — general.
97. Power to specify form of documents.
98. Interpretation of transitional provisions.
99. Application of this Act to persons who were lawfully providing property service
before commencement of relevant provisions of this Act in respect of that service.
100. Modification of operation of
section 99(1)
in specified circumstances.
101. Consequential amendments to other enactments.
SCHEDULE 1
Repeals and Revocations
PART 1
Acts Repealed
PART 2
Statutory Instrument Revoked
SCHEDULE 2
Information to be Contained in Property Services Agreements
PART 1
Property Services Agreements — general
PART 2
Property Services Agreements for Sale of Land
PART 3
Property Services Agreements for Letting of Land
PART 4
Property Services Agreements for Provision of Property Management Services
SCHEDULE 3
Provisions applicable to Oral Hearings conducted pursuant to
section 66
or
68
PART 1
Oral Hearing conducted by inspector pursuant to
section 66
(15)
PART 2
Oral Hearing conducted by Authority pursuant to
section 68
(5)
SCHEDULE 4
Redress for Contravention of
section 67
(5)
SCHEDULE 5
Provisions in respect of Property Services Appeal Board
PART 1
General
PART 2
Appeals
SCHEDULE 6
Provisions Applicable to Administration of Property Services Compensation Fund
SCHEDULE 7
Modifications of this Act in Relation to Relevant Persons
SCHEDULE 8
Consequential Amendments to Other Enactments
Acts Referred to
Animals Act 1985
1985, No. 11
Auctioneers and House Agents Act 1947
1947, No. 10
Auctioneers and House Agents Act 1967
1967, No. 9
Auctioneers and House Agents Act 1973
1973, No. 23
Bankruptcy Act 1988
1988, No. 27
Building Societies Act 1989
1989, No. 17
Casual Trading Act 1995
1995, No. 19
Central Bank and Financial Services Authority of Ireland Act 2004
2004, No. 21
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
2010, No. 24
Civil Service Regulation Acts 1956 to 2005
Companies Act 1963
1963, No. 33
Companies Act 1990
1990, No. 33
Companies Acts
Companies (Amendment) Act 1982
1982, No. 10
Comptroller and Auditor General (Amendment) Act 1993
1993, No. 8
Consumer Credit Act 1995
1995, No. 24
Criminal Justice Act 2011
2011, No. 22
Criminal Justice (Money Laundering and Terrorist Financing) Act
2010
2010, No. 6
Data Protection Act 1988
1988, No. 25
Data Protection (Amendment) Act 2003
2003, No. 6
Debtors (Ireland) Act 1840
1840, (3 & 4 Vict.) c. 105
Deeds of Arrangement Act 1887
1887, (50 & 51 Vict.) c. 57
Ethics in Public Office Act 1995
1995, No. 22
European Parliament Elections Act 1997
1997, No. 2
Family Law Act 1995
1995, No. 26
Family Law (Divorce) Act 1996
1996, No. 33
Finance Act 2002
2002, No. 5
Firearms Act 1964
1964, No. 1
Housing (Miscellaneous Provisions) Act 1992
1992, No. 18
Land and Conveyancing Law Reform Act 2009
2009, No. 27
Landlord and Tenant (Amendment) Act 1980
1980, No. 10
Local Government Act 2001
2001, No. 37
Merchant Shipping (Salvage and Wreck) Act 1993
1993, No. 34
Multi-Unit Developments Act 2011
2011, No. 2
Pawnbrokers Act 1964
1964, No. 31
Petty Sessions (Ireland) Act 1851
1851, (14 & 15 Vict.) c. 93
Pounds (Provisions and Maintenance) Act 1935
1935, No. 17
Protection of Employees (Employers’ Insolvency) Act 1984
1984, No. 21
Protection of Employees (Fixed-Term Work) Act 2003
2003, No. 29
Public Service Management (Recruitment and Appointments) Act 2004
2004, No. 33
Registration of Business Names Act 1963
1963, No. 30
Sale of Land by Auction Act 1867
1867, (30 & 31 Vict.) c. 48
Sea Fisheries Act 1952
1952, No. 7
Social Welfare Consolidation Act 2005
2005, No. 26
Stamp Duties Consolidation Act 1999
1999, No. 31
Succession Act 1965
1965, No. 27
Taxes Consolidation Act 1997
1997, No. 39
Unfair Dismissals Act 1977
1977, No. 10
Unfair Dismissals Acts 1977 to 2007
Valuation Act 2001
2001, No. 13
Number
40
of
2011
PROPERTY SERVICES (REGULATION) ACT 2011
REVISED
Updated to 17 June 2026
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS AN tÚDARÁS RIALÁLA SEIRBHÍSÍ MAOINE OR, IN THE ENGLISH LANGUAGE, THE PROPERTY SERVICES REGULATORY AUTHORITY, TO
CONTROL AND SUPERVISE THE PROVIDERS OF PROPERTY SERVICES, TO CAUSE ANY COMPLAINTS
AGAINST THOSE PROVIDERS TO BE INVESTIGATED AND TO ADJUDICATE ON ANY SUCH COMPLAINTS;
TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD ACHOMHAIRC UM SHEIRBHÍSÍ MAOINE OR, IN THE ENGLISH LANGUAGE, THE PROPERTY SERVICES APPEAL BOARD, TO HEAR AND
DETERMINE APPEALS AGAINST CERTAIN DECISIONS OF THE AUTHORITY; AND TO PROVIDE FOR TAKING
ACCOUNT OF DIRECTIVE 2006/123/EC IN SO FAR AS IT RELATES TO PROPERTY SERVICES; TO
PROVIDE FOR THE CONSEQUENTIAL REPEAL OR AMENDMENT OF CERTAIN ENACTMENTS AND THE REVOCATION
OF A STATUTORY INSTRUMENT; AND FOR RELATED MATTERS.
[20
th December
, 2011]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Interpretation.
3. Exemptions.
4. Application of this Act to principal officers and employees.
5. Laying of regulations and orders.
6. Expenses.
7. Repeals and revocation.
PART 2
Property Services Regulatory Authority
8. Establishment day.
9. Establishment of Property Services Regulatory Authority.
10. Membership of Authority and terms of membership.
11. Functions of Authority.
12. Meetings.
13. Membership of either House of the Oireachtas, European Parliament or local authority.
14. Advisory committees, consultants and advisers.
15. Non-disclosure of information.
16. Strategic plans.
17. Reports to Minister.
18. Codes of practice.
19. Chief Executive.
20. Staff of Authority.
21. Superannuation.
22. Accounts and audits.
23. Accountability of Chief Executive to Oireachtas Committee established to examine,
etc., appropriation accounts, etc.
24. Accountability of Chief Executive to other Oireachtas Committees.
25. Power to charge and recover fees.
26. Advances by Minister to Authority.
27. Inspectors.
PART 3
Licences to Provide Property Services
28. Prohibition of unlicensed property service.
29. Register of licensees.
30. Application for licence.
31. Issue or refusal of licence.
32. Tax clearance.
33. Documents to accompany certain applications.
34. Notification to applicant of refusal to issue licence, etc.
35. Renewal of licence.
36. Notification to applicant of refusal to renew licence, etc.
37. Display and production of licences.
38. Offence to use licence issued to another person.
39. Issue of replacement licence, etc.
40. Surrender and seizure of licence following suspension or revocation, etc.
41. Notification of material matter to Authority.
42. Provision of information by Garda Síochána.
PART 4
General Obligations of Licensees
43. Letter of engagement.
44. Retention of records.
45. Professional indemnity insurance.
PART 5
Client Accounts and Related Matters
46. Keeping and preservation of client accounts and records.
47. Offences relating to client accounts and accounting records.
48. Control of banking accounts or assets of licensees.
49. Priority of claims to client moneys.
50. Preservation of lien and other rights.
51. Provisions regarding banks.
52. Vesting in Official Assignee of sums to credit of certain client accounts.
53. Provisions relating to client accounts in event of bankruptcy.
54. Power of Authority to deal with documents.
PART 6
Sale or Letting of Land
55. Vendor to be given statement of advised market value, etc.
56. Estimate of selling price not to be less than advised market value, etc.
57. Evidence of reasonableness of advised market value.
58. Sale by auction.
59. Disclosure requirements applicable to vendor and licensee in relation to sale
of residential property.
60. Prohibition on provision of financial services, etc.
61. Retention of records where sale of land other than by auction.
62. Regulations under
Part 6
.
PART 7
Complaints, Investigations and Sanctions
63. Complaints against licensees.
64. Circumstances in which application may be made to High Court for immediate suspension
of licence, etc.
65. Investigations.
66. Powers of entry and inspection, etc., of inspectors for purposes of investigation.
67. Protection for persons reporting improper conduct, etc.
68. Actions to be taken by inspector and Authority upon completion of investigation.
69. Confirmation of High Court required before decision under
section 68(4)(a)
to impose major sanction takes effect.
70. Appeal to High Court against decision to impose major sanction.
71. Application to High Court to confirm decision to impose major sanction.
72. Provisions supplementary to
sections 70
and
71
.
73. Matters to be considered in determining sanctions to be imposed.
PART 8
Appeals Against Certain Decisions of Authority
74. Property Services Appeal Board.
75. Appeal to High Court on question of law.
76. Taking effect of certain decisions of Authority.
PART 9
Property Services Compensation Fund
77. Property Services Compensation Fund.
78. Compensation for loss due to dishonesty.
PART 10
Maintenance of Professional Competence of Licensees
79. Regulations may provide for professional competence schemes.
80. Review of professional competence scheme.
81. Duty of licensees to maintain professional competence.
PART 11
Property Services Provided by Certain Persons from EU Member States
82. Interpretation of
Part 11>
and
Schedule 7.
83. Application of this Act to relevant persons.
84. Relations with competent authorities.
85. Effect of revocation or suspension of relevant person’s relevant authorisation.
PART 12
Residential Property Sales Prices and Commercial Leases Database
86. Residential property sales prices.
87. Database of commercial property leases.
88. Tenants to provide Authority with particulars of relevant commercial leases.
PART 13
Miscellaneous
89. Investigation of persons other than licensees.
90. Certain provisions to be void.
91. Publication of sanctions, etc.
92. Receipt of notice.
93. Restriction of right of access to personal data in certain circumstances.
94. Offences — general.
95. Regulations that may be made by Authority — general.
96. Regulations that may be made by Minister — general.
97. Power to specify form of documents.
98. Interpretation of transitional provisions.
99. Application of this Act to persons who were lawfully providing property service
before commencement of relevant provisions of this Act in respect of that service.
100. Modification of operation of
section 99(1)
in specified circumstances.
101. Consequential amendments to other enactments.
SCHEDULE 1
Repeals and Revocations
PART 1
Acts Repealed
PART 2
Statutory Instrument Revoked
SCHEDULE 2
Information to be Contained in Property Services Agreements
PART 1
Property Services Agreements — general
PART 2
Property Services Agreements for Sale of Land
PART 3
Property Services Agreements for Letting of Land
PART 4
Property Services Agreements for Provision of Property Management Services
SCHEDULE 3
Provisions applicable to Oral Hearings conducted pursuant to
section 66
or
68
PART 1
Oral Hearing conducted by inspector pursuant to
section 66
(15)
PART 2
Oral Hearing conducted by Authority pursuant to
section 68
(5)
SCHEDULE 4
Redress for Contravention of
section 67
(5)
SCHEDULE 5
Provisions in respect of Property Services Appeal Board
PART 1
General
PART 2
Appeals
SCHEDULE 6
Provisions Applicable to Administration of Property Services Compensation Fund
SCHEDULE 7
Modifications of this Act in Relation to Relevant Persons
SCHEDULE 8
Consequential Amendments to Other Enactments