Snag List (Ireland)

A Snag List in Ireland records the physical state, fixtures, and disclosed defects of a property so both sides have an agreed record before completion, and takes its legal force from the Residential Tenancies Act 2004.

The snag list serves both a practical and legal function. Practically, it provides a clear, agreed record of what needs to be fixed, eliminating disputes about whether certain defects existed at handover. Legally, a written snag list submitted to the developer before completion creates documentary evidence of the condition of the property at handover, which is invaluable if the builder later denies responsibility for certain defects or if the matter proceeds to dispute resolution.

The legal framework underpinning the Irish snagging process has strengthened considerably since the introduction of the Building Control (Amendment) Regulations 2014 (SI 9/2014). These regulations require every new building to have an Assigned Certifier (typically an architect or engineer appointed by the developer) who inspects the works at defined stages and certifies compliance with the Building Regulations on completion. The Certificate of Compliance on Completion (CCC) must be lodged with the Building Control Management System (BCMS) before the property is occupied. Any snags that relate to Building Regulation compliance — such as inadequate fire stopping, deficient ventilation, or non-compliant accessibility provisions — are not merely cosmetic issues but represent failures of statutory certification, creating significant legal exposure for the developer.

In the broader construction context, snag lists are also used in commercial construction projects, where they form part of the Practical Completion process under standard contract forms such as the RIAI Standard Form of Building Contract (Blue or Yellow Form) or the Public Works Contracts. In those forms, practical completion triggers the release of the first tranche of retention monies and commences the Defects Liability Period.

The legal framework governing the Snag List (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Parties executing a Snag List (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Residential Tenancies Act 2004 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction.

A snag list is needed whenever a new-build property is approaching the point of handover to the purchaser or employer. For residential new builds sold off plans or during construction, the snag inspection should take place as close as possible to the practical completion date, before mortgage funds are drawn down and before the transfer of legal title is completed.

For commercial and residential developments, the timing is governed by the construction contract. Under the RIAI Standard Form, practical completion is certified by the architect when the works are substantially complete — meaning the building is fit for its intended purpose even if minor items remain outstanding. The snag list (referred to in the RIAI form as a schedule of defects) defines what 'minor items' remain. The contractor then has the duration of the Defects Liability Period — typically 12 months — to rectify all items on the list.

A snag list is also needed when: a buyer is purchasing a property that is nominally complete but where visible defects or concerns have emerged during pre-purchase viewing; a purchaser's engineer or solicitor has identified potential building regulation compliance issues that require verification; the developer's assigned certifier has issued the Certificate of Compliance on Completion but the purchaser wishes to independently verify the quality of finishes and workmanship; or where a HomeBond or Premier Guarantee warranty is in place and the purchaser wishes to document the condition of the property at handover for warranty purposes.

From a mortgage and conveyancing perspective, many lending institutions and purchaser solicitors now expect evidence that a snag inspection has been carried out and that outstanding items have been addressed before recommending completion of the purchase. This is particularly important in the current Irish market, where new homes are frequently sold well in advance of completion and purchasers may have limited opportunity to inspect the building during construction.

A well-structured Irish snag list should include the following key elements to be legally useful and practically effective:

**Property Details:** Full address and site reference, development name, unit/plot number, developer name, contractor name, and date of inspection.

**Inspector Details:** Name, qualifications, and contact details of the person conducting the inspection. If a professional engineer or architect is engaged, their RIAI or Engineers Ireland membership number should be recorded.

**Defect Record Table:** For each defect identified, the list should capture: a sequential reference number; the location (room, floor, external area); a description of the defect or incomplete work; the relevant Building Regulation or specification standard that the defect relates to (if applicable); the required remediation action; and a target completion date agreed with the builder.

**Photographic Schedule:** Each defect entry should be cross-referenced to a numbered photograph in an appended photographic schedule. Photos should be date-stamped and taken at sufficient resolution to be used as evidence.

**Building Regulation Compliance Section:** A dedicated section for any items raising potential Part B (Fire Safety), Part C (Site Preparation), Part F (Ventilation), Part J (Heat Producing Appliances), or Part M (Access and Use) compliance concerns, with reference to the relevant Technical Guidance Document.

**Certificates and Documentation Checklist:** A checklist confirming receipt of: Certificate of Compliance on Completion (CCC) lodged on BCMS; BER (Building Energy Rating) certificate; HomeBond or Premier Guarantee warranty documentation; boiler and mechanical services commissioning certificates; electrical test certificates (ECSS records); and any planning condition compliance certificates.

**Sign-Off Section:** Signature fields for both the purchaser (or their representative) and the developer's site representative confirming acknowledgement of the snag list and agreement on the remediation programme. The forms-legal.com Snag List (Ireland) template covers the mandatory elements under Residential Tenancies Act 2004.

Additional compliance elements for a Snag List (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Residential Tenancies Act 2004 as amended by the Residential Tenancies (Amendment) Act 2019, the Residential Tenancies Board (RTB) registers all tenancies and adjudicates disputes. Section 12 of the Residential Tenancies Act 2004 sets landlord obligations. The Land and Conveyancing Law Reform Act 2009, Section 51, governs property transfers. The Property Registration Authority (PRA) maintains the Land Registry under the Registration of Title Act 1964. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.