Property Services (Regulation) Act 2011

62.

Regulations under Part 6 .

62.— (1) Subject to subsection (2), the Authority may, with the consent of the relevant Minister and following consultation with such other person or body as the Authority thinks fit or as the relevant Minister directs, make regulations in respect of any of the following:

( a) the content of advertisements for the sale or letting of land;

( b) booking deposits for the purchase of land (not being deposits made pursuant to a contract to purchase the land), booking deposits for the letting of land, the form and content of receipts for booking deposits and conditions relating to refunds of booking deposits;

( c) the terms of building contracts, including stage payments under such contracts;

( d) the terms for the sale of land by auction or tender;

( e) the standards for the measurement of land offered for sale or letting; and

( f) the costs of, or other matters relating to, surveys of land for sale.

(2) The Authority shall, in making regulations under this section, have regard to protecting the interests of clients and other users and potential users of property services in respect of the matter referred to in subsection (1) which is the subject of the regulations.

(3) Regulations made under this section shall be expressed to apply to—

( a) licensees or classes of licensees, or

( b) persons other than licensees or classes of such persons.

(4) A person who contravenes a provision of regulations made under this section which are expressed to apply to persons other than licensees or classes of such persons is guilty of an offence and liable—

( 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 not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(5) In this section, “relevant Minister” means that Minister or those Ministers of the Government on whom functions stand conferred, or who has general responsibility, in respect of or connected to the matter in question.