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Woman (80) awarded €60,000 after social life affected by footpath trip

16/7/2025

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Anita Bryan sustained injuries to her left wrist and right knee, forcing her to give up playing golf at her club.

Woman (80) awarded €60,000 after social life affected by footpath trip
We’re proud to announce a successful outcome in the case of an 80-year-old woman who has been awarded nearly €60,000 after suffering serious injuries from a dangerous footpath trip.

Anita Bryan, a passionate golfer from Somerton, Rochestown Avenue, Dún Laoghaire, sustained significant damage to her left wrist and right knee — injuries severe enough to force her to give up playing golf at her club in Woodenbridge, Arklow, Co. Wicklow.

Our lawyer, Damian Sheridan of Murphy McElligott Solicitors, successfully argued that Anita’s injuries were caused by a raised pavement slab outside Cavistons Food Emporium on Glasthule Road, Sandycove, Co. Dublin, the day before Christmas Eve in 2019.

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Surrogacy Law and Regulation in Ireland

23/6/2025

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New Developments in Surrogacy Law

New Developments in Surrogacy Law Ireland
Ireland has recently passed landmark legislation regulating surrogacy as part of the The Health (Assisted Human Reproduction) Act 2024
 
This is the first time the country has introduced a comprehensive legal framework for both domestic and international surrogacy arrangements.
 
Here are some key highlights:
 
Legal Clarity for International Arrangements
  • The legislation aims to provide clear guidelines for Irish citizens engaging in international surrogacy processes, addressing issues related to legal parentage and recognition upon return to Ireland
  • Legal Recognition and Parental Rights
  • Intended parents, including those whose children were already born via surrogacy, can now apply to the High Court for parental orders to secure legal parentage.
  • The law ensures that both the surrogate and the intended parents receive independent legal advice, counselling, and support before entering into an agreement.

 
Oversight and Regulations
  • There are new provisions for oversight to prevent exploitation or questionable practices in international surrogacy, ensuring that agreements align with Irish ethical standards
  • The legislation seeks to address potential exploitation by establishing criteria that intended parents must meet prior to entering into international surrogacy agreements
  • A new body, the Assisted Human Reproduction Regulatory Authority (AHRRA), has been established to license fertility clinics and oversee all assisted reproduction procedures.
  • The AHRRA will also manage a National Surrogacy Register and a National Donor Conceived Person Register, ensuring transparency and access to origin information for children born through assisted reproduction.

 
Best Interest of the Child
The new law emphasizes the best interests of the child in international surrogacy arrangements and aims to provide a framework that prioritizes their welfare.
 
Support for Intended Parents
The legislation is designed to offer resources and advice for intended parents considering international surrogacy, helping them navigate complex legal and ethical landscapes
 
Compliance with Irish Law
The new rules include conditions that establish the requirement for surrogacy arrangements abroad to comply with both the laws of the foreign jurisdiction and Irish legal standards. This helps promote ethical practices and protect the rights of all parties involved
 
Ethical Standards

Ireland is now the first country to legislate a framework that incorporates the Verona Principles, international guidelines promoting ethical surrogacy in the best interests of the child.

This legislation marks a major shift in Irish family law, aiming to protect the rights and responsibilities of everyone involved in a surrogacy journey. It’s been described as a long-overdue step toward legal clarity and emotional security for many families.

If you need advise on the legal issues arising from surrogacy, contact Sharon McElligott, Solicitor at [email protected] or phone on 012303266
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How to Make an Enduring Power of Attorney Under the New Web-Based  System

23/6/2025

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 How to Make an Enduring Power of Attorney under the New System
 
Creating an Enduring Power of Attorney (EPA) in Ireland, particularly since the Assisted Decision-Making (Capacity) Act 2015 came into full effect, is primarily managed through the Decision Support Service (DSS). This guide will walk you through the key steps and considerations.
 
What is an Enduring Power of Attorney (EPA)?
An EPA is a legal document that allows you (the "donor") to appoint one or more trusted individuals (your "attorneys") to make decisions on your behalf about your personal welfare, property, and financial affairs, should you lose the capacity to make those decisions yourself in the future. It's a vital tool for future planning, regardless of age. The key word here is Trust, as you are essentially trusting someone to exercise your basic human rights on your behalf when you are unable to do so yourself due to such debilitating conditions as dementia or brain injury. 

Key Differences from Older EPAs:
Since April 23, 2023, new EPAs are created and registered with the DSS. EPAs made before this date under the Powers of Attorney Act 1996 are not subject to the new DSS procedures, and the DSS is not involved in their supervision.

Two Main Stages of an EPA:
  1. Making and Registering the EPA: This happens while you still have decision-making capacity. You create the document, appoint your attorneys, and register it with the DSS via their website. 
  2. Notifying and Activating the EPA: This stage occurs if and when you lose capacity. Your attorney(s) must notify the DSS that you no longer have the ability to make decisions, and the EPA then comes into effect.

Guide to Making an Enduring Power of Attorney using DSS.ie:

The DSS encourages the use of its online portal, MyDSS, for the most efficient process.

Phase 1: Preparation and Setting Up Accounts
  1. We strongly recommend, if you have not already done so, that you open a MyGovID account through www.mygovid.ie. To do this you will need your Public Services Card. Having a MyGovID account will mean that you can open an account on the Decision Making Support Services website and bypass many of the proving-your-identity hurdles. The Mental Health Commission have also excellent video resources which you can access here: ww.youtube.com/watch?v=6Uqvkx2r2tw&list=PLBvDzQ6iTjImdMQHkuo6yRsY0YHTjXU1S&index=1
  2. Understand the Implications: Before starting, Murphy McElligott solicitors can help you thoroughly understand what an EPA entails. Consider what decisions you want your attorneys to make (personal welfare, property, finances, or a combination), whether they act jointly or severally, and if you need replacement attorneys.
  3. Choose Your Attorneys Wisely: Your attorney should be someone you trust implicitly. They do not need to be a lawyer. Consider their reliability, their ability to manage affairs, and their willingness to take on this responsibility. There are certain restrictions on who can be an attorney (e.g., undischarged bankrupts for property/financial matters).
  4. Identify Notice Parties: You are legally required to inform certain people that you are putting an EPA in place. This typically includes your spouse/civil partner (if any), adult children, and if none, your closest blood relative and another person concerned for your welfare. These "notice parties" have a five-week period to object to the EPA on specific grounds (e.g., your capacity, undue influence).
  5. Set Up MyDSS Accounts:
    • Your Account (Donor): Go to decisionsupportservice.ie and click on "MyDSS Login" or go directly to portal.decisionsupportservice.ie. If you don't have an account, select "sign up now."
    • Verification: The easiest way to verify your MyDSS account is using a verified MyGovID account. If you don't have one, you can set it up on www.mygovid.ie (See the link above at paragraph 1). If MyGovID isn't possible, contact the DSS Information Services Team for assistance with manual verification.
    • Attorney(s) Accounts: Each appointed attorney (including replacement attorneys) must also set up their own verified MyDSS account. Likewise, the easiest way to do this is getting your Attorneys to set up an MyGovID account using the link above.  

Phase 2: Completing the Application Online via MyDSS
  1. Start a New Application: Once logged into your MyDSS account, select "Enduring Power of Attorney" from the "type of arrangement" list and click "start application."
  2. Fill Out the EPA Form: The online form has several sections:
    • Relevant Person Details: Information about yourself (the donor), including civil status, living arrangements, and any relevant medical conditions or communication needs.
    • Supporter Details: Information about each of your chosen attorneys (name, date of birth, PPS number, email address - must match their MyDSS account, residential address, relationship to you, how long you've known them). You'll specify if they are main attorneys or replacement attorneys.
    • Existing Arrangements: Declare any other existing decision support arrangements you have.
    • Arrangement Details: Define the scope of authority you are giving your attorney(s). This is crucial. You can grant general authority over personal welfare and/or property and affairs, or specify particular decisions. If appointing multiple attorneys, clearly state whether they must act jointly (all must agree) or severally (can act independently). You can also specify if attorneys should be paid and for what functions.
  3. Generate Documents: After filling out the online form, the DSS system will generate the necessary supporting documents, including:
    • EPA instrument template
    • Donor declaration
    • Attorney declaration(s)
    • Legal practitioner statement
    • Statement of capacity
    • Notice form
    • Notice party details form

Phase 3: Legal and Medical Certifications & Witnessing
  1. Solicitor's Role: You will still need a solicitor such as Murphy McElligott Solicitors to:
    • Certify that you have the mental capacity to understand what you are doing when making the EPA.
    • Be satisfied that you are making the EPA by your own volition and not under undue influence.
    • One of our solicitors will will complete the "Legal Practitioner Statement."
  2. GP's Role: Your General Practitioner (GP) will also need to certify your mental capacity to understand the consequences of making an EPA. This will involve completing the "Statement of Capacity."
  3. Signing and Witnessing:
    • The EPA document must be made in writing and signed by you (the donor) and your proposed attorneys at the same time and in front of two witnesses. Many of our clients at Murphy McElligott solicitors use our services for this part of the process. You can arrange your Attorneys and you to sign the documents in our offices and use us as witnesses which automatically fulfills the requirement for witnessing
    • Witnesses must be over 18.
    • At least one witness must not be a family member of yours or the attorneys.
    • Witnesses cannot be an employee or agent of the attorney.

Phase 4: Notifying Notice Parties
  1. Formal Notification: You are required to formally notify your identified notice parties about the EPA arrangement. The DSS will provide a "Notice Form."
  2. Objection Period: Notice parties have five weeks from the date of the notice to object to the EPA on specific legal grounds.

​Phase 5: Uploading and Registering with the DSS
  1. Upload Completed Forms: Once all necessary forms (donor declaration, attorney declaration(s), legal practitioner statement, statement of capacity, notice forms, etc.) are completed, signed, and witnessed, you will upload them to your MyDSS account.
  2. Pay the Registration Fee: There is a fee to register an EPA with the DSS (currently €30). This is usually paid at this stage. You may be able to apply for a fee waiver based on income and dependents.
  3. Submit Application: After completing all steps and uploading documents, you submit your application to the DSS.
  4. DSS Review: The DSS will review your application to ensure all information is correct and meets legal requirements. They will work with you to resolve any issues.
  5. Registration: Once approved, your EPA will be registered on the DSS register. The EPA lies dormant until it needs to be "notified" (activated) due to your loss of capacity.

Phase 6: Activation of the EPA (If Capacity is Lost)
If you lose capacity, your attorney(s) will need to:
  1. Log into MyDSS and Fill Out Notification Form: Access the registered EPA and complete the "enduring power of attorney notification application form."
  2. Medical Assessments: Two doctors and/or healthcare professionals must complete an assessment confirming your loss of capacity in relation to the decisions covered by the EPA.
  3. Notify Parties of Notification: Inform specified individuals (including the donor and notice parties) that you are making an application to notify the EPA.
  4. Upload Forms and Pay Fee: Upload the completed forms (including the medical statements) and pay any notification fee.
  5. Submit Application: Submit the notification application to the DSS.
  6. DSS Review and Activation: The DSS reviews the notification. Once approved, the EPA becomes active, and your attorneys can begin acting on your behalf.

Important Considerations:
  • Legal Advice: While the DSS provides guidance and an online portal, it is highly recommended to seek independent legal advice from one of our Solicitors at Murphy McElligott. They can ensure your EPA accurately reflects your wishes, is legally sound, and that you understand all implications.
  • Capacity: You must have the mental capacity to understand the nature and effect of an EPA when you make it. This is why a solicitor and GP certification are required.
  • Regular Review: It's good practice to review your EPA periodically to ensure it still reflects your wishes and that your chosen attorneys are still appropriate.
  • Code of Practice: Attorneys are supervised by the DSS and have specific duties and reporting obligations under the Assisted Decision-Making (Capacity) Act 2015 and the Code of Practice for Attorneys.

Murphy McElligott Solicitors can guide you through the entire process. You can also contact the Decision Making Support Services' excellent EPA helpdesk at +353 (01) 211 9750 or [email protected] for assistance.
 

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Navigating Service Charges and Management Companies in Ireland

12/6/2025

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​Across Ireland, homeowners in managed estates and apartment complexes face increasing challenges with service charges and management companies.  Escalating fees without clear breakdowns, opaque financial practices, and limited engagement opportunities often leave homeowners feeling powerless.

These charges — intended to maintain communal spaces and services — have sparked widespread frustration.  Many feel they are paying premium rates for subpar services, with unclear contracts and limited dispute resolution mechanisms exacerbating the issue.  Moreover, management companies sometimes appear more accountable to developers than to homeowners, complicating matters further.

Understanding Management Companies
Management companies are crucial for maintaining shared spaces and handling financial administration.  Their responsibilities typically include:
  • Governance & Structure: Set up as “limited by guarantee” companies, often led by a board of homeowner representatives.  Annual General Meetings (AGMs) provide opportunities for collective decision-making.
  • Financial Management: Collecting service charges, budgeting communal expenses, and maintaining a sinking fund for future repairs.
  • Maintenance & Services: Overseeing landscaping, insurance, and general upkeep of shared areas.
  • Communication & Engagement: Ensuring transparency and responding to homeowners’ concerns to improve living conditions.
Breaking Down Service Charges
Service charges fund essential upkeep of modern communities, ensuring safe, clean, and well-maintained shared spaces.  Typical components include:
  • Maintenance & Repairs: Covers landscaping, lobby cleaning, and recreational areas.
  • Cleaning Services: Routine cleaning of communal spaces to preserve hygiene.
  • Waste Disposal: Costs for rubbish collection and disposal.
  • Security Measures: Security personnel, surveillance, and access systems.
  • Insurance Coverage: Protects shared spaces from fire, flood, or other risks (excluding individual homes).
  • Utilities: Water, electricity, and heating for communal areas.
  • Management Fees: Payment to the management company for administrative services.
  • Sinking Fund Contributions: Reserved funds for major future repairs, preventing unexpected financial burdens.
What is important to remember is that Service charge financial years may not align with the standard calendar year, as in they may run from 1 July 2025 to 30 June 2026, affecting payment calculations and budget planning—an essential detail for homeowners to understand.
The Multi-Unit Developments (MUDs) Act 2011
The MUDs Act provides legal guidelines for service charge transparency and fairness.  It requires the establishment of Owners’ Management Companies (OMCs) for shared developments, ensuring responsible management and dispute resolution.
Amongst the Key Provisions of the Act:
Service Charge Arrears:
  • Protects homeowners from sudden fee increases due to others' arrears, and maintains the financial health and viability of a development.
  • Requires full disclosure of arrears during property transactions, preventing unexpected financial burdens on buyers.
Sinking Funds:
  • Establishes long-term financial planning to cover major repairs.
  • Reduces reliance on sudden, large assessments for necessary upgrades.
Fire Safety Regulations:
  • Ensures compliance with safety standards.
  • May require financial levies to fund fire safety measures, including full-time fire wardens in certain developments.
MUDs Act Requisitions:-
The Requisitions attempt to bring simplicity, transparency & accountability:
  • Homeowners can request detailed financial reports from management companies.
  • Improves accountability in service charge usage.
  • How Homeowners Can Take Action
  • To better navigate service charge complexities, homeowners can:
  • Engage in Communication: Attend meetings, ask questions, and raise concerns with management companies.
  • Clarify Charges & Dispute Discrepancies: Request detailed breakdowns if charges seem unclear or excessive.
  • Know Your Rights: Understanding the MUDs Act helps homeowners advocate for fair practices.
Final Thoughts
Managing service charges effectively requires awareness, legal safeguards, and proactive homeowner involvement. Solicitors play a crucial role in reviewing contracts, ensuring compliance with Irish property laws, and protecting homeowners’ interests. Strengthening transparency and communication between management companies and homeowners is key to fostering a fair and functional living environment.
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Buying a New Build Home from a Developer

10/6/2025

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This Article will help with queries for:
New build homes for sale
Buying a new build home
New homes from developers
Purchase new construction home
New build property buying guide
Pros and cons of buying from a develop
​
Getting Your Finances in Order (Mortgage Ready)

Assess Your Borrowing Capacity:
Before you start house hunting, understand how much you can borrow. First-time buyers in Ireland can typically borrow up to four times their gross income.

Save for Your Deposit:
First-time buyers generally need a deposit of at least 10% of the property's purchase price. For example, a €300,000 home requires a €30,000 deposit.

Factor in Additional Costs:
Beyond the deposit, budget for other expenses:

Legal Fees (Conveyancing): 
These will depend on the purchase or sale involved. Email or phone us to get a personalized quote. 

Stamp Duty:
This is 1% of the purchase price for properties up to €1 million. The proportion over €1 million is charged at 2%

Valuation Fees:
Some lenders will provide you with a panel of recommended valuers. As always, it is best to shop around for the best price. 

Mortgage Protection Insurance:
This life insurance product is usually required by your lender. If you have a medical history, this could impact the premium you are charged. 
​
Home Insurance:
Also required before mortgage drawdown. You mortgage bank will likely offer you a home insurance product. It is always best see what the competition are offering before accepting the banks offering. 

Local Property Tax (LPT):
This will start to accrue once you purchase is complete. The payment of stamp duty by your solicitor will also trigger the opening of a file for local property tax. 

Explore Government Schemes:

Help to Buy (HTB) Scheme:
This scheme provides a tax rebate of up to 10% of the purchase price (maximum €30,000) to help first-time buyers with their deposit for new builds or self-builds. You must be a first-time buyer, purchase a new build up to €500,000, have a minimum 70% loan-to-value (LTV), and live in the property as your primary residence for at least 5 years. Your tax affairs must be up to date.

You can find out more about the help to buy scheme here:
 www.revenue.ie/en/property/help-to-buy-incentive/index.aspx
​
First Home Scheme:
This shared equity scheme helps first-time buyers bridge the gap between their deposit, mortgage, and the price of a new-build property. The government can contribute up to 30% of the property's value (or 20% if also using the Help to Buy Scheme). Buyers still need a minimum 10% deposit and a mortgage covering at least 70% of the property's value. There are no repayments on the government's share for the first 5 years.
You can find out more about the First Home Scheme here:
www.firsthomescheme.ie

Local Authority Home Loan:
A government-backed mortgage available through local authorities for new or second-hand properties and self-builds.
You can find out more about the Local Authority Home Loan here:
localauthorityhomeloan.ie/

Get Approval in Principle (AIP):

This letter from a lender indicates how much they could lend you. It's not legally binding but is essential before making an offer. AIP is usually valid for 6 months.

Consider a Mortgage Broker:
They can help you compare rates from various lenders and guide you through the application process.

Finding Your New Build Home

Research New Developments:
Use online portals like Daft.ie or MyHome.ie, and search Google for "New developments [your desired area]". Many developers have dedicated websites for their projects.

Register Your Interest:
Sign up for email alerts and register your interest on developer websites to be informed about new phases or releases.

Understand "Phases":
Developers often release homes in stages. Be aware of proposed completion dates for each phase.

Visit Show Homes:
This gives you a feel for the layout, finishes, and overall quality. Ask about the orientation of the homes (e.g., direction the rear of the home will face).

"Buying Off Plans":
If the property isn't built yet, you'll be buying "off plans." Request site plans, floor plans, and specifications. Be aware that room measurements might not be individual, only overall property measurements.

Check Developer's Track Record:
Research the developer's previous projects and look for reviews or feedback online.

Making an Offer and Securing the Property
​
Make an Offer:
Once you find a suitable property, make an offer through the developer's sales agent.

Pay a Booking Deposit:
If your offer is accepted, you'll typically pay a non-refundable booking deposit (usually between €500 and €2,000, but can be up to €5,000) to secure the property. This holds the property for you at the agreed price until contracts are signed. This deposit is generally refundable until contracts are signed. If you have any doubts about the selling agent, check the Register of Licensed Property Service Providers  here: www.psr.ie/psra-registers/register-of-licensed-property-services-providers/ 

Go "Sale Agreed":
Once the booking deposit is paid, the property is considered "sale agreed."

Legal and Mortgage Process
Appoint a Solicitor:
This is crucial. Murphy McElligott, Solicitors  have vast experience in acting for clients purchasing a New Build home.  Phone us or email us for a competitive and comprehensive quote. It is important to know from the outset what legal and registration charges you will be facing.  

Loan Approval (Full Offer):
You will need to advise your lender on the property you have agreed to purchase. Your lender will arrange for an approved valuer to carry out a valuation of the property. This ensures the property's value aligns with the mortgage amount. This valuation report must not be more than four months old at the time of mortgage drawdown. Once the valuation has been carried out a formal loan offer will (not just AIP) will issue to your and your solicitor.

Planning Enquiries:
Murphy McElligott Solicitors can carry out planning searches which will reveal everything on the planning file of the local authority. However, you may wish to check the development plan for the area and adjacent areas as future plans and initiatives by local authorities may influence your decision to purchase. 

Contracts for Sale:
The builder's solicitor will send the contracts to your solicitor. New build conveyancing often has tight deadlines, typically 28 days from reservation to exchange of contracts. Typically, there will be two contracts: A building agreement whereby you employ the developer to build and a Site agreement whereby you will be granted the land on which you new home will be built. 

Pay the Balance of the Deposit:
You will usually need to pay the remaining balance of your 10% deposit when you sign contracts (the booking deposit will be part of this). So, if your initial booking deposit was €5,000 and the 10% deposit is €30,000, you'll pay another €25,000 at this stage. Do bear in mind that many solicitors for developers will accept your Help to Buy Scheme money towards the contract deposit. 


Sign Contracts:
Once you and your solicitor are satisfied with the contracts and all checks (including planning,  searches) are complete, you will sign the contracts. Once the contracts are signed by all parties and exchanged and the deposit paid, you will become legally bound to complete the purchase.

Your lender will arrange for an approved valuer to carry out a valuation of the property. This ensures the property's value aligns with the mortgage amount. This valuation report must not be more than four months old at the time of mortgage drawdown.

Life Assurance and Home Insurance:
You must have these policies in place before your mortgage can be drawn down.

Construction and Completion

Estimated Completion Date:
The developer will provide an estimated completion date. Be aware that delays due to material shortages or weather can occur.

Snag List:
This is a vital step. Try and arrange in advance for a professional snagging inspector to conduct a "snag list survey." This identifies any defects, from minor cosmetic issues (scratched windows, paint splatters) to more serious underlying problems. It's highly advisable to use a professional, as they can identify issues you might miss. Once you or your solicitor receive a notice that the property is complete and ready for snagging, you have typically 7 to 14 days for your professional surveyor to do a snag list survey. The time limit will be set out in the Building Agreement. If you do not do a snag list in the time limit set by the developer, you will be be obliged to close regardless of the defects that might exist. 

Rectification:
The developer is obligated to fix most  identified snags. A good surveyor will spot all defects so you will not have to rely on the contractual obligation of the developer to fix defect subequent to completion. 

Final Valuation:
Your bank will likely require a second valuation once the house is complete which is one of the requirements before they will issue the loan funds.

Closing the Sale

Draw Down Your Mortgage:
Your mortgage funds will be drawn down, sometimes in stages for self-builds, but for new builds, the main portion is drawn down when the property is complete. Your solicitor will handle the transfer of funds.

Payment of Remaining Funds:
Ensure all remaining funds for the purchase (including stamp duty and solicitor's fees) are with your solicitor. Closing funds can take a full working day to transfer, so aim to arrange this 3-5 days before the scheduled closing.

Registration Fees:
Your solicitor will also arrange for the property to be registered in your name with the Land Registry (this incurs a fee). Do bear in mind that there are considerable delays in the Land Registry so registration can take many months. 

Collection of Keys:
Once payment has been exchanged and all legal formalities are complete, you can collect your keys from the developer's site office. You'll also be provided with details regarding utility readings.

Post-Completion

New Build Warranty:
Most new build properties in Ireland come with a 10-year structural warranty (sometimes called latent defects insurance) from providers like HomeBond or Build-Zone. This covers structural defects that may arise after completion. Familiarize yourself with what it covers.

Utilities:
Contact utility providers (electricity, gas, broadband, etc.) to set up accounts in your name within 10 days of moving in.

Key things to remember for a first-time buyer purchasing a new build:
  • Timelines are tight: Developers often require quick turnaround times for contract exchange (e.g., 28 days from reservation).
  • Solicitor is key: You can rely on the expertise Murphy McElligott Solicitors to guide you through the entire process
  • Snagging is essential: Don't skip a professional snagging survey.
  • Government schemes can significantly help: Research and apply for the Help to Buy and First Home Scheme if you're eligible.
  • Budget for all costs: Beyond the deposit, there are significant legal, tax, and insurance costs.

​This comprehensive guide should help you navigate the exciting process of buying your first new home from a developer whether the new housing development is in Dún Laoghaire, Greater Dublin or even further afield. 
Good luck!
 

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Naturalisation Based on Residency: A Path to Irish Citizenship

9/6/2025

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Gaining Irish citizenship through naturalisation is a significant milestone for many people living in Ireland. Whether you're a long-term resident, part of the Irish community, or have built a life here through work or family, naturalisation offers legal security, a passport, and the right to fully participate in Irish society.

At Murphy McElligott Solicitors, we specialise in guiding individuals through the complex process of naturalisation based on residency, ensuring your application is accurate, complete, and supported by strong legal evidence.

What Is Naturalisation?
Naturalisation is the legal process by which a non-Irish national becomes an Irish citizen. Unlike citizenship by birth or descent, naturalisation is granted by the Minister for Justice and is subject to a range of statutory conditions.

Key Requirements for Naturalisation Based on Residency
To qualify, an applicant must demonstrate:

✅ Reckonable Residence
  • 5 years of lawful residence in Ireland in the last 9 years, including 1 year of continuous residence immediately before the application.
  • Time spent on certain immigration stamps (like Stamp 1, 3, 4, 5) counts toward reckonable residence.
  • Short stays (e.g., tourists, undocumented periods) are not eligible.
✅ Good CharacterThe Department of Justice conducts a thorough background check, so a clean criminal record and evidence of lawful conduct are essential.
✅ Intent to Continue Residing in IrelandApplicants must intend to continue living in Ireland after naturalisation is granted.
✅ Respect for the Irish StateApplicants should demonstrate an understanding and respect for Irish laws, values, and civic responsibilities.

Common Challenges Applicants FaceEven eligible applicants can be refused due to:
  • Incomplete residence documentation
  • Periods of undocumented stay
  • Gaps in residency stamps
  • Minor legal infractions
  • Confusion about what qualifies as "reckonable" time
Our role is to prevent these issues before they arise—by ensuring your application is legally sound and supported by comprehensive documentation.

How Murphy McElligott Solicitors Can HelpWith years of experience in Irish immigration law, we offer:
  • 📋 Full eligibility assessments
  • 🖋️ Preparation of application forms and statutory declarations
  • 📎 Compilation of supporting documents (proof of residence, tax status, etc.)
  • 🧾 Legal representation in complex or borderline cases
  • ⚖️ Support with appeals or follow-up correspondence if needed
We also help with family applications and assist those applying after international protection or humanitarian permission.

Benefits of Irish Citizenship
  • Irish Passport: Travel freely within the EU and over 180 countries.
  • Voting Rights: Participate in national and local elections.
  • Security: Permanent right to live and work in Ireland.
  • Family Reunification: Sponsor family members under more favourable conditions.

Get Started TodayIf you’ve lived in Ireland and are ready to take the next step, Murphy McElligott Solicitors is here to help you secure your future with confidence. The naturalisation process can be demanding—but with expert legal guidance, your path to Irish citizenship can be smooth and successful.
📞 Call us today to schedule a confidential consultation
🌐 Visit: www.murphymcelligott.ie
📧 Email: [email protected]

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Your Guide to Immigration and Residency in Ireland: Legal Help from Murphy McElligott Solicitors

9/6/2025

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Ireland has become a key destination for people from all over the world seeking new opportunities, safety, education, or to reunite with loved ones. But navigating the country’s complex immigration laws can be overwhelming—especially when your future depends on getting it right.

At Murphy McElligott Solicitors, we specialise in immigration and emigration law, offering clear, compassionate, and expert legal guidance. Whether you're applying for a work permit, naturalisation, or need help with an international protection application, our team is here to help.

Our Immigration & Emigration Legal Services
Here’s how we can support your journey:
1. Naturalisation Based on ResidencyWe assist clients in applying for Irish citizenship through long-term residence, ensuring your application is complete and fully supported.
2. Work PermitsFrom Critical Skills and General Work Permits to Trusted Partner and Internship applications, we provide end-to-end support tailored to your employment status.
3. Stamp 4, 5, and 6 ApplicationsWhether you’re looking to transition to long-term residency or secure Stamp 4 after five years, we can help you build a strong case for approval.
4. Stamp 0 – Retirement or Dependent VisaFor those who wish to retire in Ireland or support a dependent relative, we can guide you through the Stamp 0 visa process.
5. De Facto and Join Family ApplicationsWe support both EU Treaty Rights (EUTR) and Irish national family reunification cases, including de facto partners and spouses.
6. Student Visa ExtensionsWe help students legally remain in Ireland while completing their studies, ensuring compliance with immigration rules.
7. Open Work Permit ApplicationsIf you’re undocumented but have worked, paid taxes, and stayed out of trouble, you may qualify for an Open Work Permit—we’ll evaluate your eligibility and represent you.
8. International ProtectionUnder the International Protection Act 2015, we assist with applications for:
  • Refugee status
  • Subsidiary protection
  • Humanitarian permission to remain
9. Deportation RevocationIf you've received a deportation order, we can help you apply for revocation under Section 3 (11) of the Immigration Act 1999. We also assist with renewal of permission to remain.
10. Foreign Birth RegistrationBorn abroad to Irish parents? We assist with Foreign Birth Registration, a key step toward Irish citizenship.
11. Judicial ReviewsIf you’ve received a negative immigration decision, we can challenge it through the High Court via a judicial review.

Why Choose Murphy McElligott Solicitors?
  • ✅ Experienced Immigration Lawyers
  • ✅ Tailored, Confidential Legal Support
  • ✅ Proven Success in Complex Cases
  • ✅ Up-to-date with Irish & EU Immigration Law

Looking for Help?We’re ready to help you stay, work, study, or reunite with family in Ireland. Whether you’re an individual, student, worker, or undocumented person seeking a legal path—Murphy McElligott Solicitors will guide you every step of the way.
📞 Contact us today to schedule a confidential consultation.
📍 Visit us at www.murphymcelligott.ie
📧 Email: [email protected]
📞 Call: 35312303266

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New to our team, Deblogna ( Dee) Bagchi:  Legal Executive & Pre Training Solicitor

15/5/2025

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Deblogna ( Dee) Bagchi
Dee is a Foreign Qualified Lawyer from India having enrolled as an Advocate at the Bar Council of West Bengal in 2017.

In 2018 she passed the All-India Bar Examination.  She completed her Master of Laws (LL.M.) specialising in International Criminal Law at Trinity College Dublin in 2019.
She brings experience in Immigration Law and Conveyancing and is currently training in Family Law and Personal Injury Law. Having successfully completed the FE-1 examinations in 2025, she is set to commence her Solicitor Traineeship in 2026. In addition to English, she is fluent in Hindi, Urdu and Bengali, allowing her to assist a broad range of clients, particularly from non-EEA backgrounds.
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Children's Hospital Investigation

10/4/2025

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An investigation into the use of unlicensed springs in children's spinal surgeries at Temple Street Children's Hospital has concluded. The probe found unauthorised medical devices were implanted in at least three children, leading to high complication rates. The Health Information and Quality Authority is expected to release its findings soon, which may prompt further public and legislative scrutiny.
An investigation into the use of unlicensed springs in children's spinal surgeries at Temple Street Children's Hospital has concluded. The probe found unauthorised medical devices were implanted in at least three children, leading to high complication rates. The Health Information and Quality Authority is expected to release its findings soon, which may prompt further public and legislative scrutiny.
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North-South Energy Interconnector Legal Challenge

10/4/2025

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North-South Energy Interconnector Legal Challenge
A €350 million project to construct over 100 electricity pylons connecting Northern Ireland and the Republic is facing a legal challenge. Campaigners argue that the project disproportionately benefits data centers in the Republic and raises environmental and property concerns. The judicial review, which began on April 9, will determine the project's future.
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