RTB Guidance Note
1
Last updated: 12 May 2023
STATUTORY DECLARATIONS MADE
OUTSIDE OF IRELAND
1. SUMMARY
Notices of termination served under the Residential Tenancies Act 2004 (as amended) for
sale or landlord or family member occupation, must be accompanied by a statutory
declaration. Where that statutory declaration is signed by the landlord outside of Ireland,
there may be additional requirements that must be complied with (e.g. the declaration
may require an apostille).
This guidance note explains the RTB’s understanding of the additional requirements that
apply where landlords sign statutory declarations abroad.
A quick guide in respect of the jurisdictions that arise most frequently, is as follows:
Jurisdiction
Apostille required
Alternative option to sign at
Irish Embassy/Consulate
Australia
Canada
1
France
New Zealand
United Kingdom
United States
2. WHEN ARE STATUTORY DECLARATIONS REQUIRED?
To terminate a tenancy, a landlord must serve a notice of termination on the tenant. That
notice of termination must be accompanied by a statutory declaration, where the landlord
is terminating the tenancy because:
▪ the landlord intends to sell the rented property within 9 months after the
termination of the tenancy; or
▪ the landlord or a family member wants to live in the rented property.
1
The Hague Convention will come into effect in Canada on 11 January 2024. The Hague Convention requires an apostille.
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Sample notices of termination for these grounds of termination and the accompanying
statutory declaration can be downloaded from the Residential Tenancies Board’s
(“RTB’s”) website here.
Statutory declarations made both in Ireland and abroad must be signed and witnessed
correctly.
3. STATUTORY DECLARATIONS MADE IN IRELAND
A statutory declaration made in Ireland can only be signed before certain people:
a) Practising Solicitor;
2
b) Notary Public;
c) Commissioner for Oaths;
d) Peace Commissioner;
e) Other persons authorised by law to take and receive statutory declarations.
3
A fee may be payable to the person before whom the statutory declaration is signed.
4. STATUTORY DECLARATIONS MADE OUTSIDE OF IRELAND
4.1. Overview
Requirements
In certain cases landlords may live outside of Ireland. A statutory declaration can be
made abroad, however, specific rules must be followed. As explained at points 4.2 to
4.4 below, these rules vary depending on the country the landlord is in.
Landlords also have the option of signing the statutory declaration at an Irish
Embassy/Consulate (see point 4.5 below). In addition, if any of the Irish qualified
individuals listed at point 3 above, are present abroad in the same country as the
landlord, the statutory declaration may also be made before them.
4
Fees may be payable. Landlords should enquire with the person before whom the
statutory declaration is signed for the fee that applies.
Evidence
In the event that a dispute arises in relation to the termination of the tenancy and
the adequacy of the statutory declaration, it is recommended that landlords keep a
record of the process followed, and evidence that the relevant requirements have
been met, for making the statutory declaration in the particular country concerned.
4.2. EC convention countries - France, Italy, Belgium, Denmark, Estonia and Latvia
Ireland together with France, Italy, Belgium, Denmark, Estonia and Latvia are parties
to the EC Convention.
5
If a landlord is in any of these countries, a statutory
declaration can be validly made before any person authorised under the law of that
2
Section 72 of the Solicitors (Amendment) Act 1994.
3
Section 1 of the Statutory Declarations Act 1938 (as amended) (the SD Act).
4
Section 3A(1)(a) of the SD Act (inserted by s.50 of the Civil Law (Miscellaneous Provisions) Act 2008).
5
In this guidance note a reference to the “EC Convention” is a reference to the Convention Abolishing the Legalisation of
Documents in the Member States of the European Communities of 25 May 1987.
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country to administer oaths.
6
For example, a Notary can administer oaths in France
(Notaire) and Italy (Notaio).
No legalisation (e.g. an apostille or official stamp) is required for a statutory
declaration where a country is a member of the EC Convention.
7
The only time further information may be required is if the relevant authority in
Ireland, has “serious doubts, with good reason” in relation to the authenticity of the
signature, the capacity in which the person signing the document has acted or the
identity of the seal or stamp on the document. In these circumstances, the relevant
authority in the State where the document is produced, can request relevant
information from the central authority where the statutory declaration was made.
Requests for information will only be made in exceptional cases and must set out the
grounds on which they are based.
8
4.3. Hague convention countries
9
- including Australia, New Zealand, United Kingdom
and United States
10
Where a country is not a party to the EC Convention but is a party to the Hague
Convention, a statutory declaration can made before any person authorised under
the law of that place to administer oaths.
11
The only form of legalisation that is required is by way of single certificate, called an
"apostille", stamped on or attached to the declaration.
12
The apostille itself is exempt
from all certification.
13
An apostille can be obtained from the designated competent authority for the
jurisdiction in question.
14
See HCCH | #12 - Status table or schedule 2 of this
guidance note for a list Hague Convention countries. See HCCH | #12 - Authorities
for the designated competent authority for each jurisdiction.
An apostille only verifies the origin of a document. It does so by certifying the
authenticity of the signature on the document, the capacity in which the person
signing the document acted and, where appropriate, the identity of the seal or stamp
which the document bears. The apostille does not in any way relate to the content
of the document.
15
Requirements of domestic law still need to be complied.
16
6
Section 3A(1)(b) and 3A(4) of the SD Act.
7
Article 2 of the EC Convention.
8
Article 4 of the EC Convention.
9
In this guidance note a reference to the “Hague Convention” is a reference to the Convention Abolishing the Requirement of
Legalisation for Foreign Public Documents done at the Hague on 5 October 1961.
10
Canada has joined the Hague Convention, however, it will not come into effect in that country until 11 January 2024. Until then
the process described at point 4.4 below will apply.
11
Section 3A(1)(b) and 3A(5) of the SD Act.
12
Article 3 and 4 of the Hague Convention. This formality is not required where two or more contracting states have abolished
or simplified it, or exempted the document itself from legalisation (Article 3, Hague Convention).
13
Article 5, Hague Convention.
14
Article 3, Hague Convention.
15
Article 5, Hague Convention. Also, HCCH | A Handbook on the Practical Operation of the Apostille Convention (Apostille
Handbook)
16
Sample statutory declarations required to accompany notices of termination for sale and landlord and family member
occupation can be downloaded on the RTB’s website here.
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4.4. OTHER COUNTRIES (NOT PARTY TO THE EC CONVENTION OR THE HAGUE CONVENTION)
If the process described at point 4.2 and 4.3 above does not apply, a statutory
declaration can be validly made outside of Ireland before any person authorised
under the law of that place to administer oaths and:
▪ the signature of the person making the statutory declaration (the ‘declarer’)
is authenticated in accordance with the law of that place; and
▪ to the extent the law of place concerned requires either or both to be
authenticated:
- the capacity in which the declarer has acted in making that
declaration;
- the seal or stamp of the person who has administered the oath.
17
Where a statutory declaration is made outside of Ireland in accordance with the law
of that place as described under this heading, a landlord may be required to produce
proof before a RTB hearing of the requirements of that law.
18
4.5. Irish Embassies/Consulates
An alternative option to the process described at points 4.2 to 4.4 above, is for
landlords to sign the statutory declaration at an Irish Embassy or Consulate. Certain
staff at Irish Embassies or Consulates are legally permitted to witness statutory
declarations.
19
You must attend at the Embassy/Consulate in person and will usually
be required to make an appointment in advance.
A list of Irish Embassies and Consulates around the world can be found here or visit
the website for the Department of Foreign Affairs at https://dfa.ie. A person who
wishes to sign the statutory declaration at an Irish Embassy or Consulate, should
contact the Embassy/Consulate in advance to confirm the availability of the service,
process, etc. Fees may apply.
17
Section 3A(3) of the SD Act.
18
Section 3A(6) of the SD Act.
19
Diplomatic and Consular Officers (Provision of Services) Act 1993.
This guidance note contains general information and not legal advice. It sets out
the RTB’s understanding of the law that applies.
You should consider whether the guidance in this note applies to your particular
circumstances and seek professional advice where necessary. The RTB accepts
no liability for any errors or omissions.
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Last updated: 12 May 2023
SCHEDULE 1
Summary of options for making statutory declarations in certain jurisdictions
A notice of termination served because the landlord wants to sell or because the landlord or family member wants to occupy the rented property, must
be accompanied by a statutory declaration. The template notices of termination on the RTB’s website for these grounds, also attach templates of the
relevant statutory declaration. Where these statutory declarations are signed by a landlord outside of Ireland, additional requirements apply.
A summary of the alternative options for swearing statutory declarations in some of the jurisdictions that arise most frequently are set out below.
Jurisdiction
Convention
Alternative option of Irish Embassy/Consulate
Australia
Hague Convention
1. The landlord must sign the statutory declaration before a person authorised in
Australia to administer oaths. (In Australia a Notary Public witnesses
documents for use outside that country).
2. The landlord must obtain a certification called an “apostille” which is attached
or stamped onto the statutory declaration. Under the Hague Convention, the
designated authority for issuing apostilles in Australia is the Department of
Foreign affairs.
Further information on how to obtain an apostille in Australia can be found
here.
The statutory declaration may also be signed at the Irish
Embassy/Consulates in Australia. Contact the
Embassy/Consulates in advance to confirm availability of
the service, process, etc.
Details for contacting the Irish Embassy in Canberra can be
found at https://www.dfa.ie/irish-
embassy/australia/contact-us/
Details for contacting Irish Consulates in Sydney and Perth
can be found here:
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▪ Sydney
▪ Perth
Canada
Until 10 January 2024
20
A statutory declaration can be validly made in Canada before a person authorised
under the law of that country to administer oaths (e.g. a Notary Public) and:
a) the signature of the person making the statutory declaration (the “declarer”) is
authenticated in accordance with the law in Canada; and
b) to the extent the law of Canada requires either or both to be authenticated:
▪ the capacity in which the declarer has acted in making that declaration;
▪ the seal or stamp of the person who has administered the oath.
21
Landlords in Canada should enquire locally as to the process that applies in that
country.
Hague Convention - from 11 January 2024
1. The landlord must sign the statutory declaration before a person authorised in
Canada to administer oaths (e.g. a Notary Public).
2. The landlord must obtain a certification called an “apostille” which is attached
or stamped onto the statutory declaration. Under the Hague Convention, the
designated authorities for issuing apostilles in Canada can be found here.
The statutory declaration may also be signed at the Irish
Embassy/Consulate in Canada. Contact the
Embassy/Consulate in advance to confirm availability of
the service, process, etc.
Details for contacting the Irish Embassy in Ottawa can be
found at https://www.dfa.ie/irish-
embassy/canada/contact-us/
Details for contacting the Irish Consulate in Toronto can be
found at https://www.dfa.ie/irish-
consulate/toronto/contactus/
20
Canada has joined the Hague Convention, however, it will not come into effect in that country until 11 January 2024.
21
Section 3A(3) of the SD Act.
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France
EC Convention
The landlord must sign the statutory declaration before a person authorised under
the law of that country to administer oaths. For example a Notaire (a Notary) can
administer oaths in France.
As France is a member of the EC Convention, no legalisation (e.g. an apostille or
official stamp) is required.
The statutory declaration may also be signed at the Irish
Embassy in France. Contact the Embassy in advance to
confirm availability of the service, process, etc.
Details for contacting the Irish Embassy in Paris can be
found at https://www.dfa.ie/irish-
embassy/france/contact-us/
New
Zealand
Hague Convention
1. The landlord must sign the statutory declaration before a person authorised in
New Zealand to administer oaths (e.g. a Notary Public).
2. The landlord must obtain a certification called an “apostille” which is attached
or stamped onto the statutory declaration. Under the Hague Convention, the
designated authority for issuing apostilles in New Zealand is the Department of
Internal Affairs, Authentication Unit.
For further information on how to obtain an apostille in New Zealand, visit
http://www.govt.nz/authentications
The statutory declaration may also be signed at the Irish
Embassy in New Zealand. Contact the Embassy in advance
to confirm availability of the service, process, etc.
Details for contacting the Irish Embassy in Wellington can
be found at https://www.dfa.ie/irish-embassy/new-
zealand/contact-us/
United
Kingdom
Hague Convention
1. The landlord must sign the statutory declaration before a person authorised in
the United Kingdom to administer oaths (e.g. a Notary Public).
The statutory declaration may also be signed at the Irish
Embassy in London. Contact the Embassy in advance to
confirm availability of the service, process, etc.
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Last updated: 12 May 2023
2. The landlord must obtain a certification called an “apostille” which is attached
or stamped onto the statutory declaration.
Under the Hague Convention, the designated authority for issuing apostilles in
the United Kingdom is the Legalisation Office, Foreign, Commonwealth and
Development Office.
For further information on how to obtain an apostille in the United Kingdom,
visit https://www.gov.uk/get-document-legalised
Details for contacting the Irish Embassy in London can be
found at
https://www.dfa.ie/irish-embassy/great-britain/
United
States
Hague Convention
1. The landlord must sign the statutory declaration before a person authorised in
the United States to administer oaths (e.g. a Notary Public).
2. The landlord must obtain a certification called an “apostille” which is attached
or stamped onto the statutory declaration. Under the Hague Convention,
details of the designated authorities for issuing apostilles in the United States
can be found here.
The statutory declaration may also be signed at an Irish
Embassy/Consulates in the United States. Contact the
Embassy/Consulates in advance to confirm availability of
the service, process, etc.
Details for contacting the Irish Embassy in Washington and
Consulates in Atlanta, Austin, Boston, Chicago, Los Angelas,
New York and San Francisco, can be found at
https://www.dfa.ie/irish-embassy/usa/contact-us/
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SCHEDULE 2
List of Hague Convention Countries
For more informaon on the Hague Convenon visit HCCH | Aposlle Secon. Click on the following links for the most up to date informaon on:
▪ contracng countries to the Hague Convenon (also see the table below, up to date as of 12 May 2023);
▪ competent authories in each country, with responsibility for issuing aposlles.
Contracting countries to the Hague Convention - 12 May 2023
Albania
Andorra
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Barbados
Belarus
Belgium*
Belize
Bolivia (Plurinational State of)
Bosnia and Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Cabo Verde
Canada
Chile
China
Colombia
Cook Islands
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark*
Dominica
Dominican Republic
Ecuador
El Salvador
Estonia*
Eswatini
Fiji
Finland
France*
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Georgia
Germany
Greece
Grenada
Guatemala
Guyana
Honduras
Hungary
Iceland
India
Indonesia
Ireland*
Israel
Italy*
Jamaica
Japan
Kazakhstan
Kosovo
Kyrgyzstan
Latvia*
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Malawi
Malta
Marshall Islands
Mauritius
Mexico
Monaco
Mongolia
Montenegro
Morocco
Namibia
Netherlands
New Zealand
Nicaragua
Niue
North Macedonia
Norway
Oman
Pakistan
Palau
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Republic of Korea
Republic of Moldova
Romania
Russian Federation
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the
Grenadines
Samoa
San Marino
Sao Tome and Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Singapore
Slovakia
Slovenia
South Africa
Spain
Suriname
Sweden
Switzerland
Tajikistan
Tonga
Trinidad and Tobago
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*These countries are also parties to the EC Convention. This means that it is not necessary to rely on the Hague Convention and the statutory
declaration can be signed in these countries in accordance with the EC Convention, which does not require any form of legalisation (e.g. an apostille)
(see point 4.2 above).
Tunisia
Türkiye
Ukraine
United Kingdom of Great Britain
and Northern Ireland
United States of America
Uruguay
Uzbekistan
Vanuatu
Venezuela (Bolivarian Republic of)
