The United Kingdom remains a major property market for Irish buyers — whether purchasing a home in London, investing in rental property in Manchester, or buying a holiday home in Scotland or Wales. While the Common Travel Area (CTA) between Ireland and the UK protects many rights, Brexit has introduced new considerations for Irish citizens buying property across the Irish Sea.
Can Irish Citizens Still Buy Property in the UK?
Yes. Irish citizens retain the right to live, work, and buy property in the UK under the Common Travel Area (CTA) agreement, which predates and is separate from EU membership. This means Irish citizens are not affected by the same restrictions as other non-UK nationals when it comes to purchasing property or obtaining mortgages.
What Changed After Brexit?
For Irish citizens specifically, relatively little changed regarding property purchases. The key protections under the CTA remain in place. However, some practical changes affect the process:
- Apostille still accepted: The UK has been a member of the Hague Apostille Convention since 1965. Irish documents notarised and apostilled continue to be accepted by UK authorities, including HM Land Registry and solicitors.
- Mortgage access: Irish citizens retain the same access to UK mortgages as UK citizens under the CTA. Lenders may require additional documentation to verify your residency status.
- Anti-money laundering (AML): UK solicitors and estate agents have enhanced AML checks. Notarised identification documents from Ireland may be required as part of these checks.
- Register of Overseas Entities: If buying through a company, the UK’s Register of Overseas Entities (introduced 2022) may apply.
Documents Typically Needed
- Certified Copies of ID: Notarised copies of passport and proof of address for AML checks by UK solicitors and lenders.
- Powers of Attorney: If you cannot attend completion in person. Must comply with the Powers of Attorney Act 1971 for England & Wales, or the relevant legislation in Scotland/Northern Ireland.
- Statutory Declarations: For various purposes including first-time buyer status, source of funds, or gift declarations.
- Corporate Documents: If purchasing through a company — certificates of incorporation, board resolutions, and beneficial ownership declarations.
Powers of Attorney for UK Property
If you need someone to act on your behalf for a UK property transaction, a power of attorney is required. Hugh Phelan is uniquely positioned for UK property powers of attorney — as a solicitor dual-qualified in both Ireland and England & Wales, he understands the specific requirements of both legal systems.
For England and Wales, a general or specific power of attorney must comply with the Powers of Attorney Act 1971. For Scotland, the requirements differ under Scots law. Hugh can advise on the correct format for the relevant jurisdiction.
UK Mortgages for Irish Buyers
Irish citizens have full access to UK mortgages under the CTA. UK lenders may require:
- Notarised proof of identity and address
- Notarised proof of income (employment contracts, accounts for self-employed buyers)
- Source of deposit verification
- Credit checks (note: Irish credit history may not automatically transfer to UK credit reference agencies)
Tax Considerations
Irish buyers should be aware of several UK tax implications:
- Stamp Duty Land Tax (SDLT): Non-UK residents pay a 2% surcharge on top of standard SDLT rates (England and Northern Ireland). However, Irish citizens resident in Ireland may qualify for a refund if they become UK resident within 12 months.
- Capital Gains Tax: Non-residents are liable for UK CGT on gains from UK property sales.
- Irish tax: Irish residents must declare worldwide income, including UK rental income, to Revenue.
How to Get Started
Contact Hugh Phelan’s office in Cork:
- Call (021) 489 7134 or email info@phelansolicitors.com
- Hugh is dual-qualified in Ireland and England & Wales, making him ideally placed for UK property documents
- Bring your passport and valid photo ID
Frequently Asked Questions
Do Irish citizens need special permission to buy property in the UK?
No. Irish citizens retain full rights to buy property in the UK under the Common Travel Area (CTA) agreement, which is separate from EU membership and was unaffected by Brexit.
Is the apostille process still valid for UK documents after Brexit?
Yes. The UK has been a member of the Hague Apostille Convention since 1965, independently of EU membership. Irish documents notarised and apostilled continue to be accepted by UK authorities.
Do I pay extra stamp duty as a non-UK resident?
Non-UK residents pay a 2% surcharge on Stamp Duty Land Tax in England and Northern Ireland. However, if you become UK resident within 12 months, you can apply for a refund of the surcharge.
Why is a dual-qualified solicitor useful for UK property?
Hugh Phelan is qualified as a solicitor in both Ireland and England & Wales. This dual qualification means he understands the specific legal requirements of both jurisdictions, which is particularly valuable for powers of attorney and other documents that must comply with UK law.
Need Documents Notarised for the UK?
Contact Hugh Phelan, Solicitor & Notary Public in Cork, for prompt professional service.
Looking for a Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland. Same-day appointments available.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork