Notary Services Ireland 2026: Statutory Declarations, RTB Filing & Notarisation Rules

Understanding when and how to use notary services Ireland has become a pressing compliance question since the Residential Tenancies (Miscellaneous Provisions) Act 2026 took effect on 1 March 2026. The new legislation introduced mandatory statutory-declaration requirements for landlords serving Notices of Termination on specific grounds, generating widespread confusion about whether those declarations must be notarised, who may witness them, and what additional steps apply when documents are destined for use abroad. This guide maps every RTB 2026 statutory-declaration trigger to the exact notarisation, witnessing and apostille requirements that apply, giving landlords, letting agents and property solicitors a single, practical compliance resource.

It also covers notary fees, remote-notarisation options and the step-by-step RTB filing workflow that keeps practitioners on the right side of the reformed rules.

Executive Summary, TL;DR Decision Grid

Before diving into the detail, here are the core compliance decisions every landlord, agent and solicitor needs to make under the 2026 tenancy reforms:

• Statutory declaration required? Yes, whenever a Notice of Termination (NoT) relies on a prescribed ground (sale, landlord/family occupation, substantial refurbishment, change of use) for a tenancy that commenced on or after 1 March 2026.
• Who may witness the statutory declaration? A practising solicitor (acting as Commissioner for Oaths), a Commissioner for Oaths, or a Notary Public. The RTB does not mandate full notarisation for domestic filings, a solicitor or commissioner is sufficient.
• When is full notarisation required? When the document will be used outside Ireland (e.g., presented to a foreign bank, court or public authority) or when an overseas party requires authenticated proof of the declarant’s identity and signature.
• When is an apostille needed? When a notarised document must be recognised in a country that is a party to the Hague Apostille Convention. The apostille is issued by the Department of Foreign Affairs.
• Immediate action for practitioners: Download the RTB’s statutory-declaration template, confirm who will witness the declaration, arrange valid photo ID for the appointment, and retain a certified copy of the sworn document before uploading it to the RTB portal.

Background, Residential Tenancies Act 2026 and RTB Changes

The Residential Tenancies (Miscellaneous Provisions) Act 2026 was signed into law and came into operation on 1 March 2026. The Act applies to all private residential tenancies that commence on or after that date, as well as to certain renewal and termination events in existing tenancies where the landlord relies on newly prescribed grounds. Its central aim is to strengthen tenant protections at the point of termination by requiring landlords to furnish verifiable evidence, in the form of a statutory declaration, whenever they serve a Notice of Termination based on specific statutory grounds.

The Residential Tenancies Board (RTB) updated its guidance, templates and online portal to reflect the new obligations. Landlords must now attach a completed statutory declaration to the Notice of Termination before filing it with the RTB. Failure to do so may render the notice invalid, exposing the landlord to dispute-resolution proceedings and potential penalties. The RTB has published a dedicated statutory-declaration template document, referenced as the template to accompany a NoT where the tenancy started on or after 1 March 2026, which must be used for filings.

Key Dates and Timelines

Which Tenancy Actions Trigger a Statutory Declaration?

Under the Residential Tenancies Act 2026, a statutory declaration must accompany a Notice of Termination whenever the landlord relies on one of the prescribed grounds for ending a tenancy. The RTB’s guidance identifies the following triggers:

• Sale of the property. The landlord intends to sell the dwelling within a specified period and declares, under oath, that a binding contract or genuine intention to sell exists.
• Landlord or family-member occupation. The landlord, or an immediate family member, requires the dwelling for their own occupation. The statutory declaration must confirm the identity of the person who will occupy the property and the anticipated duration.
• Substantial refurbishment or renovation. The landlord intends to carry out works that require the property to be vacated. The declaration must outline the nature of the planned works and confirm that vacant possession is necessary.
• Change of use. The landlord proposes to change the use of the dwelling so that it is no longer available for residential letting. The declaration must describe the intended new use.
• Other prescribed grounds. Where secondary legislation creates additional grounds, a statutory declaration confirming the relevant facts is required in each case.

RTB Templates and Wording

The RTB’s statutory-declaration template is designed to be completed by the landlord and sworn before an authorised witness. The template follows a standard format: it identifies the declarant, recites the ground relied upon, and contains a solemn declaration of truth made under the Statutory Declarations Act 1938. Landlords should download the current version directly from the RTB website to ensure they are using the up-to-date form. Any modification to the standard wording risks invalidating the filing.

Examples and Worked Scenarios

Scenario 1, Sale. A landlord in Cork decides to sell a rented apartment. Before serving the Notice of Termination, they download the RTB template, complete the sale-related sections, attend their solicitor’s office with photo ID, and swear the declaration. The signed, witnessed declaration is then attached to the NoT and uploaded to the RTB portal.

Scenario 2, Substantial refurbishment. A Dublin landlord plans a full rewiring and replumbing that requires vacant possession. They prepare the declaration describing the works, obtain a supporting letter from the contractor, swear the declaration before a Commissioner for Oaths, and file everything with the RTB alongside the NoT.

Scenario 3, Landlord moving in. A landlord’s adult child needs to occupy a rented property in Galway. The landlord completes the family-occupation section of the RTB template, identifies the family member, swears the declaration, and serves the NoT within the required notice period.

Do Tenancy Notices, Statutory Declarations or RTB Filings Need to Be Notarised? Decision Tree and Checklist

The short answer for most domestic RTB filings is: full notarisation is not required. The RTB accepts a statutory declaration sworn before a practising solicitor (who acts as a Commissioner for Oaths), a standalone Commissioner for Oaths, or a Notary Public. All three categories of witness satisfy the notarisation requirements for a domestic filing. However, the distinction matters in several situations, and understanding the decision tree saves time and cost.

Here is the practical decision tree for determining when notarisation is necessary for notary services Ireland purposes:

• Step 1, Is the document a statutory declaration for RTB filing only? If yes, proceed to Step 2. If the document will also be used abroad, skip to Step 4.
• Step 2, Domestic RTB filing. A solicitor or Commissioner for Oaths is sufficient to witness the statutory declaration. No Notary Public appointment is necessary unless the landlord prefers one.
• Step 3, Court proceedings. If the document is an affidavit for use in Irish court proceedings, it must be sworn before a Commissioner for Oaths or a practising solicitor. Notarisation is not typically required by Irish courts, though specific rules of court may apply in cross-border litigation.
• Step 4, Overseas use. If the document is to be presented to a foreign authority, bank, court or solicitor, full notarisation by a Notary Public is required. This authenticates the signature and identity of the declarant for recognition in other jurisdictions.
• Step 5, Apostille. If the destination country is a party to the Hague Apostille Convention, the notarised document must also carry an apostille issued by the Department of Foreign Affairs. If the country is not a Hague Convention party, consular legalisation is required instead.

Short Checklist for Landlords and Agents

• Bring valid photo ID. A current passport or national identity card is the standard requirement. A driving licence may be accepted by some practitioners but is not universally sufficient.
• Bring the completed RTB template. Do not sign the declaration before the appointment, it must be sworn and signed in the presence of the witness.
• Confirm the witness’s authority. Ask whether the person is acting as a solicitor (Commissioner for Oaths), a standalone Commissioner, or a Notary Public. For domestic RTB filings, any of these is acceptable.
• Request a certified copy. Retain at least one certified copy of the sworn statutory declaration for your own records before uploading the original or a scanned copy to the RTB.
• File promptly. Attach the statutory declaration to the Notice of Termination and file with the RTB within the required timescales.

Who Can Act as a Notary, Commissioner for Oaths or Witness in Ireland?

Understanding the roles of the different categories of authorised witness is essential when using notary services Ireland for tenancy compliance. A Notary Public in Ireland is a legal practitioner appointed by the Chief Justice of Ireland. The appointment process is administered through the courts system, and candidates are typically experienced solicitors or barristers. The Faculty of Notaries Public in Ireland maintains a directory of practising notaries and oversees professional standards.

A Commissioner for Oaths is a person authorised to administer oaths, take affidavits and witness statutory declarations. In practice, every practising solicitor in Ireland holds the power to act as a Commissioner for Oaths by virtue of their practising certificate. Standalone Commissioners, who are not solicitors, may also be appointed by the courts. A Peace Commissioner, while able to witness certain documents, is not universally accepted for statutory declarations under the 2026 reforms; the RTB’s template language specifically requires swearing before a Commissioner for Oaths, solicitor or Notary Public.

Comparative Table, Notary vs Solicitor (Commissioner) vs Peace Commissioner

Apostille and Overseas Use, When to Legalise Landlord Documents

An apostille is a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. For landlords dealing with overseas stakeholders, a foreign buyer, an international bank, or a tenant whose home jurisdiction requires authenticated evidence, obtaining an apostille for landlord documents is a critical compliance step. In Ireland, apostilles are issued by the Department of Foreign Affairs.

The apostille confirms the authenticity of the notary’s signature, the capacity in which they acted, and, where applicable, the identity of the seal or stamp on the document. It does not certify the content of the underlying document. If the destination country is not a party to the Hague Convention, the document must instead go through consular legalisation, a more involved process that may require authentication by both the Department of Foreign Affairs and the relevant embassy or consulate.

Quick Steps for Landlords with Overseas Stakeholders

• Step 1: Have the statutory declaration or other document notarised by a Notary Public (not merely sworn before a Commissioner for Oaths).
• Step 2: Check whether the destination country is a Hague Convention party. If yes, apply for an apostille from the Department of Foreign Affairs.
• Step 3: If the country is not a Hague Convention party, contact the relevant embassy or consulate in Ireland to determine the consular-legalisation requirements.
• Step 4: Allow adequate processing time. Apostille applications submitted by post to the Department of Foreign Affairs typically take several working days; in-person services (where available) may be faster.
• Step 5: Retain certified copies of all notarised and apostilled documents for your records.

Notary Fees, Timelines and Remote Notarisation Options

Notary fees in Ireland are not fixed by statute and vary depending on the complexity of the document, the urgency of the appointment and the geographic location of the notary. Based on typical fee ranges published by Irish notary practices, landlords and agents can expect the following indicative costs:

These are typical ranges and individual practitioners set their own fees. It is advisable to confirm costs in advance, particularly for corporate transactions involving multiple documents.

Regarding remote notarisation, Ireland has not enacted specific legislation authorising fully remote or video-based notarial acts as of May 2026. The Faculty of Notaries Public in Ireland requires the declarant to appear in person before the notary so that identity can be verified and the oath administered face to face. Some practitioners offer mobile or on-site appointments for clients who cannot attend the notary’s office, but video-only witnessing is not currently accepted for statutory declarations or notarial acts intended for RTB filings. Industry observers expect that legislative developments in electronic witnessing may emerge in future years, but for now, in-person attendance remains the standard.

Practical RTB Filing Workflow for Landlords and Letting Agents, Step by Step

The following workflow applies whenever a landlord must serve a Notice of Termination that relies on a prescribed ground under the Residential Tenancies Act 2026:

1. Identify the ground for termination. Confirm that the intended ground (sale, occupation, refurbishment, change of use) is a prescribed ground requiring a statutory declaration.
2. Download the RTB statutory-declaration template. Use only the current RTB-issued template to avoid rejection.
3. Complete the template. Fill in the declarant’s details, the property address, the tenancy reference, and the factual basis for the ground relied upon. Do not sign yet.
4. Book an appointment. Arrange to attend a solicitor, Commissioner for Oaths or Notary Public. Bring the unsigned declaration and valid photo ID.
5. Swear and sign the declaration. The declaration is read aloud (or confirmed), signed by the declarant and countersigned by the witness, who stamps or endorses the document.
6. Obtain a certified copy. Request at least one certified copy before leaving the appointment.
7. Prepare the Notice of Termination. Attach the sworn statutory declaration to the NoT.
8. Serve the NoT on the tenant. Follow the prescribed service method (typically by hand or registered post).
9. File with the RTB. Upload a copy of the NoT and the statutory declaration through the RTB’s online portal. Confirm the filing receipt.
10. Retain records. Store the original declaration, certified copies, proof of service and the RTB filing confirmation for a minimum of six years.

Notarisation Requirements by Entity Type

Common Pitfalls and Risk Mitigation

The introduction of statutory-declaration requirements under the Residential Tenancies Act 2026 has created several recurring compliance risks. Awareness of these pitfalls, and the straightforward mitigation steps available, can save landlords and agents from costly disputes and invalid notices.

• Wrong witness. Having the declaration witnessed by a Peace Commissioner or an unauthorised person may invalidate the document. Mitigation: Always confirm the witness is a practising solicitor, Commissioner for Oaths or Notary Public.
• Missing or expired ID. Attending without valid photo identification delays or prevents the swearing appointment. Mitigation: Bring a current passport or national identity card; check expiry dates beforehand.
• Signing before the appointment. The declaration must be signed in the presence of the witness. Pre-signed documents are invalid. Mitigation: Leave the signature line blank until the witness directs you to sign.
• Failing to apostille when needed. Presenting a non-apostilled document to a foreign authority causes rejection and delay. Mitigation: Check whether the recipient is in a Hague Convention country and apply for the apostille proactively.
• Late RTB registration or filing. Missing the one-month registration window or failing to attach the statutory declaration to the NoT may render the notice defective. Mitigation: Build the swearing appointment and RTB upload into the termination timeline from the outset.
• Using outdated templates. The RTB updated its templates in February 2026. Using an older version risks rejection. Mitigation: Always download the template directly from the RTB website immediately before completion.

Templates and Resources

The following resources should be bookmarked by every landlord, letting agent and property solicitor working with notary services Ireland under the 2026 reforms:

• RTB statutory-declaration template: The RTB’s official template for statutory declarations accompanying Notices of Termination where the tenancy started on or after 1 March 2026 is available for download from rtb.ie.
• RTB guidance on rental law changes: The RTB’s overview of the 2026 reforms, including step-by-step filing instructions and FAQs, is published on the RTB website.
• Gov.ie, Residential Tenancies Act 2026: The full text of the Act and departmental announcements are available on gov.ie.
• Faculty of Notaries Public in Ireland, directory: The Faculty’s website provides a searchable directory of practising notaries across Ireland.
• Department of Foreign Affairs, apostille and legalisation: Guidance on obtaining an apostille or consular legalisation is available from the DFA website.
• Citizens Information, Notaries public: A plain-English explanation of the role and powers of a notary public in Ireland is published by Citizens Information.

Navigating Notary Services Ireland Under the 2026 Reforms

The Residential Tenancies Act 2026 has introduced a new layer of procedural compliance that touches every landlord, letting agent and property solicitor in the Irish market. While full notarisation is rarely required for routine domestic RTB filings, understanding the precise boundary between a Commissioner for Oaths, a solicitor acting in that capacity, and a Notary Public is now a practical necessity, especially for corporate landlords and those dealing with cross-border transactions. The notarisation requirements become more demanding the moment a document is intended for overseas use, at which point a Notary Public and, frequently, an apostille from the Department of Foreign Affairs are essential.

Staying compliant means downloading the current RTB template, confirming the witness’s authority before the appointment, bringing valid photo ID, and filing the sworn declaration alongside the Notice of Termination within the required timescales. For those navigating these requirements for the first time, or dealing with complex corporate or cross-border scenarios, professional guidance from a qualified practitioner of notary services Ireland ensures that filings are valid, enforceable and properly authenticated.

Sources

1. Residential Tenancies Board (RTB), Rental law changes and guides
2. RTB Statutory Declaration Template
3. Gov.ie, Residential Tenancies (Miscellaneous Provisions) Act 2026
4. The Faculty of Notaries Public in Ireland
5. Citizens Information, Notaries Public
6. Department of Foreign Affairs, Apostille and Legalisation
7. Haines Solicitors, RTB 2026 Guidance
8. Notary Institute