Property Rights

Information

The Constitution (Bunreacht na hÉireann) declares that Irish citizens have a right to own property. Broadly speaking, Article 40.3.2 pledges that the State will vindicate the property rights of every cititizen. This means that you have a right to own, transfer and inherit property. You also have the right to bequeath property upon your death. The State guarantees to pass no law to abolish these rights.

Article 43 acknowledges that these rights ought to be regulated by the principles of social justice. This means that the State may pass laws limiting your right to private propety in the interests of the common good. If the state passes a law that restricts your property rights, it may be required to compensate you for this restriction.

Examples of restrictions or limitations on your right to own property include town and regional planning, protection of national monuments, compulsory acquisition of land and property taxes.

You can view the full text of the Irish Constitution (pdf) here.

The All-Party Oireachtas Committee on the Constitution published a report (pdf format) in 2004 examining the Constitutional articles dealing with private property.