Agree the question before discussing the figure
A family home can be part of a wider holding, include an occupied flat or share access with other land. The solicitor should clarify the legal interest to be valued. The valuer needs to know whether the instruction concerns the whole property or another specified interest.
An informal estimate obtained for a possible sale may not answer the question now before the parties. Start with the intended use and the date, then establish what work and reporting are required.
Decide how the instruction will work
Where a joint instruction is being considered, agree it through the appropriate advisers. Record who instructs, who receives the report, how documents are supplied and how factual queries are handled. A shared appointment should have a clear communication process, not an informal expectation that one party will relay everything.
Tell the valuer about earlier agency work, valuations or relevant relationships so that a conflict check can be completed. Arrange access through a suitable contact. The inspection need not become a negotiation between the parties.
Keep the evidence independent
Provide relevant information about alterations, condition, occupation and any separate part of the holding. If parties disagree about a fact, identify that disagreement rather than quietly selecting the account that produces a preferred figure.
A report should explain the evidence and assumptions behind the opinion. A request for clarification is different from asking the valuer to reach a target number. If the purpose or date changes, discuss whether an update or a new instruction is needed.
For proceedings, confirm the applicable rules
Order 39 belongs to the Rules of the Superior Courts. It is not a professional accreditation. An expert’s duty under those rules is to assist the court within their expertise, overriding obligations to the person paying them (Courts Service, n.d.-a). Circuit Court family proceedings have their own rules (Courts Service, n.d.-b).
The instructing solicitor should identify the court, directions, required report, deadline and any attendance requirement. An enquiry is subject to competence, independence, availability and agreed terms; the site does not promise acceptance of every expert instruction.
Distinguish value from the settlement
Market value is not the same as net equity or a party’s entitlement. Mortgage balances, liabilities, taxation and settlement terms require separate advice. A useful report answers its defined property question and makes the limits clear. That gives the parties and their advisers a better basis for the decisions that remain.
A useful first step
What to gather before you enquire
- Property address and description of the interest
- Purpose: discussion, mediation, buyout or proceedings
- Required valuation date, deadline and intended recipients
- Solicitor’s instructions and any court directions
- Access arrangements and relevant earlier reports
Start with a brief introduction. Detailed or sensitive documents can follow through an agreed channel.
Common questions
Can both parties use the same valuer?
A joint instruction may be appropriate if agreed with the advisers and accepted by the valuer. Confirm the scope, communication arrangements, recipients and any applicable court requirements before work begins.
Is an Order 39 valuation a certificate?
No. Order 39 sets court rules; it is not a certification scheme for valuers. The applicable requirements depend on the proceedings and directions, and must be established by the solicitor.
Sources and scope
Courts Service (n.d.-a) Rules of the Superior Courts, Order 39: Evidence. Read the source (Accessed: 29 October 2026).
Courts Service (n.d.-b) Circuit Court Rules, Order 59: Family law. Read the source (Accessed: 29 October 2026).
General information for Irish property matters. Legal, tax and funding decisions require advice on the particular circumstances. How these guides are prepared.
Explore the detail
A property valuation when a relationship ends
One property, two parties: agreeing a valuation instruction
Order 39 and the independent property expert
A valuation when one property owner wants to buy out another
When you are ready
A clear brief.
A useful conversation.
Tell me the property’s location and what you need to decide. We can establish the appropriate next step.