Regulation

The Property Services (Regulation) Act 2011 defines property services as “… the provision, for consideration, in the State, in respect of property located within or outside the State, of any of the following—

(a) the auction of property other than land,

(b) the purchase or sale, by whatever means, of land,

(c) the letting of land (including a letting in conacre or for the purposes of agistment), or

(d) property management services,

The above services can only be provided by the following once they are licensed to do so:

(i) a property services employer,

(ii) an employee of a property services employer,

(iii) a principal officer of a property services employer, or

(iv) an independent contractor;”

All property services providers are required to hold a licence issued by the Property Services Regulatory Authority. The property services provider must only provide the service for which they are licensed.

Section 28(1) of the Property Services (Regulation) Act 2011 provides that a person shall not provide a property service or hold themselves out as a property services provider unless the person is the holder of a licence which is in force in respect of that property service. Section 28(2) provides that any person, other than a licensee, who contravenes subsection (1) is guilty of an offence and liable to (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

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