Legal Briefing
Cyclists and the Law


Water Charges When Selling a Property


Dec 9, 2015


Water Charges When Selling A Property

A new statutory obligation has been imposed by Section 48 of the Environment (Miscellaneous Provisions) Act 2015 to retain and pay unpaid water charges out of the proceeds of sale.

This obligation became effective on the 1st January 2016. A further article will be published to confirm.

When a person is selling their property, a number of obligations have been imposed pursuant to Section 48 of the Environment (Miscellaneous Provisions) Act 2015 to include the following:


  • 1. The owner must pay any outstanding water charges;

  • 2. The owner must provide to their Solicitor a Certificate of Discharge from Irish Water or a Statement from Irish Water that the property is not liable;

  • 3. If the Certificate of Discharge is not provided, a statement from Irish Water must be obtained setting out the amount due to Irish Water;

  • 4. After the discharge of all mortgages and other liabilities relating to the sale, the owner’s Solicitor must withhold from the net proceeds of sale remaining (if any) the amount (if any) set out in the Statement provided by Irish Water within 20 working days of completion of the sale.

Therefore it is essential that the seller of a property ensures that they are registered with Irish Water and all water payments are up to date to avoid any unnecessary delays in the sale process.