Under the Property Services (Regulation) Act 2011 the Authority is empowered to:
- Investigate complaints of improper conduct made against licensed Property Services Providers (PSPs) and initiate investigations for the purpose of ensuring compliance with the law.
Any person may make a complaint, in writing, to the Authority against a PSP in relation to improper conduct in the course of providing a property service. We have a Complaint Form / Foirm Ghearáin, to help you to provide the required information. Please also see the attached link to FAQ about complaints and improper conduct under the Act. The Authority is required to investigate all complaints unless it is satisfied that:
- it is not made in good faith
- is frivolous or vexatious without substance or foundation
- or is likely to be resolved by mediation or other informal means between the parties
- even if found to be true would not constitute improper conduct
The decision can be appealed to the Property Services Appeals Board, within 30 days of receiving that decision.
The Appeals Board can be contacted at the following address:
Powers of Authority's Inspectors
The Authority's Inspectors has extensive powers under the Act including, among other things, the power to:
- require any person to supply all information, records, etc., relevant to the investigation
- question any person for the purpose of the investigation
- require any person found on the premises to afford the Inspector reasonable assistance to enable the Inspector to carry out their inspection
- enter, inspect, examine and search any place at which any activity in connection with the provision of a property service is being carried on
- require a PSP, or any employee or agent, to authorise the Inspector to inspect any account opened by the PSP in any bank;
- be accompanied by a member of the An Garda Síochána if the inspector has reasonable cause to fear any serious obstruction.
Where a finding of improper conduct is made following an investigation; the Authority can impose any of the following sanctions:
- issue a minor sanction of a reprimand, warning, caution or advice
- revoke the PSP’s licence
- suspend the PSP’s licence for a specified period
- direct the PSP to pay: -
- up to €50,000 into the Property Services Compensation Fund
- up to €50,000 to the Authority towards the cost of the investigation
- up to €250,000 to the Authority by way of a financial penalty, or
- any combination of the foregoing.
Any such decision can be appealed.
The Act provides for a range of offences such as providing a property service without a licence, obstructing an investigation, mismanagement of client funds, etc. Any person found guilty of such an offence is liable, on summary conviction, to a fine of up to €5,000 or 12 months imprisonment or both or, on conviction on indictment, to a fine of up to €50,000 or 5 years imprisonment or both.
Further Information on Complaints