2564. Deputy James Geoghegan asked the Minister for Justice, Home Affairs and Migration if he has examined obligations for sellers of homes regarding the possible presence of asbestos; and if he will make a statement on the matter. [62659/26]

2565. Deputy James Geoghegan asked the Minister for Justice, Home Affairs and Migration if he or his Department has ever examined obligations for sellers of homes regarding the possible presence of asbestos; and if he will make a statement on the matter. [62622/26]

I propose to take Questions Nos. 2564 and 2565 together.

The conveyancing of a property is a matter between a purchaser, vendor, and their respective legal representatives.

I am advised that the conveyancing system allows purchasers of second hand houses to enquire as to the nature, quality and condition of a property prior to purchase. Detailed written queries and replies about the property (‘Requisitions on Title’) are exchanged between the vendor’s solicitor and the purchaser’s solicitor before the sale is completed, and the vendor may be bound by their replies to those questions.

Obtaining appropriate professional and legal advice, including a structural survey, continues to form part of the due diligence that a person should undertake when considering the purchase of a property. While obtaining a structural survey is not a legal requirement for the purchaser, it is prudent practice and in the best interest of the purchaser. The purchaser should satisfy him/herself as to the condition of the property. By obtaining a structural survey, the purchaser can set out their specific requirements for the future use of the property to a preferred surveyor, who in turn has a contractual duty of care to identify any specified defects in the property.

A Step-by-Step Guide to Buying a Home was published as part of the Interdepartmental Group on Conveyancing and Probate – led by the Department of the Taoiseach: https://assets.gov.ie/static/documents/81591993/Your_Step_by_Step_Guide_to_Buying_a_Home.pdf

Guidance is also available from the Law Society: www.lawsociety.ie/public/legal-guides/property/buying-a-home/

While all legislation is kept under review, there are no specific plans to amend conveyancing legislation. Legislation under the aegis of other Departments provides for building, environmental and energy standards.