Section 90 Consent to Resale, Transfer of Ownership or Re-mortgage

Section 90 Consent to Resale, Transfer of Ownership or Re-mortgage

Under Section 90 of the Housing Act 1966 the first re-sale, transfer of ownership or re-mortgage 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 Sales Scheme Section, Housing Department. 

(see documents listed below in the related files section). 

Please note, incomplete applications cannot be processed and will be returned.

Fair Deal Scheme – Section 90 Consent

The HSE administers the Fair Deal Scheme.   However the consent of the Council may be required in regard to putting a charge on the property.

For further information please contact 01 4149000 ext.: 7138 or email cccounter@sdublincoco.ie.

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.  (see documents listed below in the related documents section). 

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. 0761 001610 or 051 303000.

Procedure for Purchase of Fee Simple (Ground Rent)

  • Complete the application form and forward to Sales Scheme Section, Housing Department, South Dublin County Council, County Hall, Tallaght, Dublin 24.
  • Amount of ground rent will be calculated at which time you will be notified in writing of 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, on receipt of 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).