Why is the Irish Self-Catering Federation talking about EU Organisations?
The Irish Self-Catering Federation wants to advise all self-catering owners that their right to trade is being seriously endangered by recent Dept of Housing Legislation ( Planning and Development Bill no 2 2022). This Bill has to be approved by the EU TRIS Procedures as it may affect the movement of people within the EU. The Planning and Development Bill no 2 2022 cannot be enforced as law in Ireland until approved by TRIS, though it was amended at the Dáil and signed into law by the President. The ISCF on behalf of members has objected to the legislation. Details of the 50 electoral areas in Rent Pressure Zones (RPZ) are in our blog, and cover not only urban areas but many rural properties within those RPZ regions.
What is TRIS?
The EU Single Market Transparency Directive (TRIS Procedure 2015/1535) is in place since 2015 and aims to prevent creating barriers in the internal market before they materialize. Member States notify their legislative projects regarding products and Information Society services (platforms) to the Commission which analyses these projects in the light of EU legislation.
What are the benefits of TRIS for EU Member States?
- allow new barriers to the internal market to be detected before they have any negative effects
- allow the detection of protectionist measures
- allow Member States to ascertain the degree of compatibility of notified drafts with EU law
- allow an effective dialogue between the Members States and the Commission when assessing the notified drafts
- allow economic operators to make their voices heard and to adapt their activities in good time to future technical regulations. This right of scrutiny is used extensively by economic operators, helping the Commission and national authorities to detect any barriers to trade.
- allow identifying the harmonization needs at EU level.
When Do TRIS Have to Be Notified
When national legislation may affect the free movement of goods and services within the EU the Legislation has to be submitted to TRIS before legislation can become law. A prior of 3 months has to be given to TRIS to review each piece of Legislation. In the case of the Planning and Development Bill (no 2) 2022 this did not happen and the bill was signed into law on 24/07/2022. However, as the bill was only then submitted to TRIS the earlier date of enforcement is 03/11/2022
Full details of the directive here “According to Directive (EU) 2015/1535 Member States must inform the Commission of any draft technical regulation prior to its adoption. Starting from the date of notification of the draft, a three-month standstill period – during which the notifying Member State cannot adopt the technical regulation in question – enables the Commission and the other Member States to examine the notified text and to respond appropriately. Where it emerges that the notified drafts may create barriers to the free movement of goods or to the free provision of Information Society services or to EU secondary legislation, the Commission and the other Member States may submit a detailed opinion to the Member State that has notified the draft. The detailed opinion has the effect of extending the standstill period by additional three months for products and by additional one month for services. In the event of a detailed opinion being issued, the Member State concerned has to explain the action that it intends to take in response to the detailed opinion.
The Commission and the Member States can also make comments about a notified draft that appears to comply with European Union law but that requires clarification on its interpretation. The Member State concerned shall take such comments into account as far as possible.”
Irish Self-Catering Federations Objections
The ISCF objects to the Planning and Development Bill no 2 2022 on the following grounds:-
1 Legislation is not fit for Digital Age – There are no National listing details for Planning permissions given to view for Agents, National Associations or OTAs. The Planning system is managed in each Co Council area by the local authority and there is no central information on planning given or rejected. We asked the Dept of Housing if there were any plans to have a National Digital Planning Register – and they stated no. At a more recent meeting, the Dept of Housing stated that they now plan to bring in a Digital Planning Permission system nationally, and this will take 15 months to bring into place across the county,
2. There are no Guidelines for Planning Permission for STR in RPZ areas – The ISCF met with the Dept of Housing asking for details of the Guidelines for Planners and STR Owners some months ago. Some local authorities are aggressively pushing the boundaries and Guidelines which already existed. To give an example a property not suited to long-term rent, due to being in a rural area, 12 km from Killarney, in the middle of a farm, and part of the Farm Diversification income was not granted Planning Permission in 2022. The Dept of Housing calls this an anomaly – but there are many other anomalies we have been asked to list by the Dept of Housing officials.
3 Economy not work for People in STR Business in Ireland – The Legislation had Punitive Punishment – for breach of the legislation, the Dept of Housing has stated that €5000 per property, + €1500 per day when notified or a term of up to 6 months imprisonment for owners.
Fines for Advertising Property in RPZ with no Planning Permission?
Fines that individual owners who do not have planning permission to rent property now face are as follows
The Planning and Development Bill (No2) 2022 makes it an offense to
1. Offer rental or offer online for short-term rental properties in Rent Pressure Zones. The new enforcement measures will make it an offense to “advertise or cause the advertisement of” or “enter into any arrangement in respect of” a property for short-term letting in Rent Pressure Zones. without planning permission.
2. Property-owners can let space for 90 days a year, once authorities are notified
3. The Fines for breaking the new regulations from November 03/2022 if approved by TRIS are
– €5,000 fines
– six months imprisonment for breaches.
The ISCF has been notified by the Department of Housing that all Short Term Rental owners will now have to apply for planning permission, whether in an RPZ area or not.
What the ISCF Wants in Legislation in Ireland
The ISCF would like one system of Registration for STR accommodation. Failte Ireland has been appointed as the Statutory Body by The Dept of Tourism to put a Register for STR in place in Ireland and this is due to be in place by the end of 2022. It seems ridiculous that all SME Self-Catering owners will now have to apply for planning permission as well as become Registered on the new National STR Register.
The ISCF would like one system of Registration for STR accommodation.
The Guidelines for the Planning and Development Bill (no 2) 2022 have gone to TRIS – and we would ask these to be applied in RPZ areas only allowing for people who have been in business for many years ( Granny Rule), those with Farm Diversification and those in areas where there is a need for STR to be given planning permission. The Guidelines for the Planning and Development Bill (no 2) 2022 have gone to TRIS – and this would take 3 months to approve – this being early November. The ISCF along with EHHA has put an objection to TRIS on this legislation, supporting the Self-Catering industry in Ireland.
Contact the Irish Self-Catering Office
For all Self-Catering owners protect your business and join the Irish Self-Catering Federation. Membership has many benefits which include
- Our aim is to promote and defend the interests of Self-Catering property owners giving a voice to issues affecting our sector.
- We are Fighting for the Rights of Self-Catering Owners in Ireland through lobbying
- Supporting local businesses, at this stage we represent 6500+ properties in Ireland and employ 7500+ people Nationally. Supporting local businesses all over the country.
- The ISCF is the sole representative and lobbying body for owners of Self-Catering properties in Ireland recognized by Consultative bodies, Local & Central Government, and every leading Tourism Group.
- Provide Quality Assurance for guests through certification on approval.
- Free Workshops & Webinars to train our Members on Relevant issues for Self-Catering owners/Managers in Ireland.
- Direct Booking & No Commission on bookings – Listings are ALL Irish LetsGoSelfCatering.ie website is available to ISCF Members Only.
- Consultation & Expert Advice available on request– advising on planning, adding to your Business, Legislation etc.
- Members Discount with Industry Affiliates – Insurance, Booking Sytems, Fit out Equipment, and much more.
Contact the ISCF to Join now. A Road-Show will take place in October around Ireland to advise on the new Legislation which can seriously affect business in the 2023 Season for all Self-Catering, Vacation Rentals, Airbnb Owners, Glamping, and other types of Short Term Rental accommodation. Self-Catering holidays are part of the Irish Tourism Landscape and this is changing with many new types of customers who want to stay in Self-Catering, making it the number one choice since Covid changed how we holiday and travel.