Planning and Development Bill for Self-Catering and all STR.

Legislation for Short Term Rental Accommodation

New Irish legislation for short-term lets will come into effect on 1 September 2022.

• If you are an existing host or operator in a Rent Pressure Zone (RPZ) in Ireland you will have to apply for planning permission to continue trading. It will be illegal to operate a Self-Catering rental property with an online listing from September 1/2022 in RPZ areas in Ireland.

• Learn how the new Planning and Development Bill 2022 affects Short Term Rental.

• The Minister for Housing Darragh o Brien has brought in new legislation governing the sale of rental STR accommodation in Ireland from  01/09/2022.

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  Georgian Dublin City, Ireland.

Since 2019 the Short Term Rental (STR) of accommodation in some areas were limited by the Planning and Development Act 2000  (Exempted Development No 2) Regulations 2019. These areas were called Rent Pressure Zones and initially covered areas in Ireland. By late 2020 there were 50 Electoral areas.  A person must apply to their local authority for planning permission to change the use of the property, so it can be used for tourism and short-term letting purposes in a Rent Pressure Zone (RPZ). Details of all RPZ areas listed here.

Under the Planning and Development Act, 2000 planning authorities can take legal action if a property does not have the required permission. To date, Self-Catering owners who have applied for planning permission have been turned down, for the most part. At the same time, big business has been granted planning permission for apartments in the RPZ areas for STR. This does not seem fair to Irish, mostly rural SMEs. The reason there is no STR in most urban areas is due to the RPZ legislation which closed most legal businesses in the past 5 years. This has caused a disproportionate reliance on the hotel sector, and a serious increase in the cost per night in urban areas.

In July 2022 Minister O’Brien introduced and passed a bill called the Planning and Development Bill (No 2) 2022. We would like to clarify statements made by AirBnB to its hosts recently in a letter and state the Register for STR ( Short Term Rental) is due to be presented by the Dail in October 2022. The amendment, if enacted, would mean that, from 1 September, online platforms would not be able to advertise properties in RPZs that did not have the required planning permission. When discussed at the Dáil Deputy Michael Collins stated that the Bill needed a lot more time for discussion.

The Bill

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 September 1st, 2022 are:-                                                         Fines of up to €5,000 per property.          * six months imprisonment for breaches

What is Affected

• All people who want to offer to rent whole houses or apartments in RPZ areas from September 1st, 2022.
• All companies offering whole houses for STR online from September 1st, 2022
• Due to the present RPZ areas in Ireland, most STR accommodation is in rural areas

Does the Legislation affect all STR? 

No, it affects the owners of Self-Catering properties in the RPZ electoral areas only. These are mostly in urban areas such as Galway, Dublin Cork, and Limerick. However, the full area of Killarney or Fermoy Electoral area is affected under the legislation. The ISCF has taken the case of farm families who have diversified to include Self-Catering, as advised by Teagasc, and these properties are also affected. The RPZs are blunt instruments which did not work. This legislation will make it illegal to offer houses in the RPZ areas to be rented unless they have planning permission.

What do you need to Do?

Gather information on your Rental Properties in RPZ zones. It is a good idea for all members to gather such information

–   Are you Quality Assured by the ISCF or Failte Ireland?

–   Evidence of how long you are in business.

–   Details of Insurance, bookings going back over 5 years, planning Certificate of Compliance

–   Details of Business – booking systems, website links, social media links.

 

Key Questions for Guidelines for STR Appling for Planning in an RPZ Area in Ireland

1 Guidelines for STR owners to show they can meet this new Regulation.

2 A simple clear form to show a business in an RPZ area has planning permission and can rent property as an STR.

3 Acceptance that ISCF Quality Assurance or Failte Ireland Assessment will be Appropriate Assessment  (AA).

4 The Fees paid by SME owners to get the appropriate planning to be reasonable and minimal.

5 The Fees paid by SME owners to get the appropriate planning to be reasonable and minimal.

6 Do members have to provide an Environmental Impact statement on their property

How do you get a License? 

We are presently waiting for details of regulations and guidelines for Planning Officers and STR house owners from the Dept of Housing. This was requested earlier in the year but has not been provided.

 

Industry AdvisoryGroup

The ISCF is the sole body in talks with the Dept of Tourism, Dept of Housing, and Failte Ireland on behalf of self-catering members on this issue.

We look forward to the Register for STR which the Dept of Tourism will bring in the Autumn of 2022, and be managed by Failte Ireland. The ISCF is a member of the ITIC ( Irish Tourism Industry Confederation), EHHA ( European Holiday Homes Association), and Tourism and Hospitality Forum and represents and lobbies the government on behalf of the sector.

Participation in the  ISCF

Membership of the ISCF is open to all Self-Catering owners, with different rates for the number of properties you have.

We accept cottages, castles, apartments, group houses, self-catering houses on grounds of Golf or Hotels, glamping, apartments, vacation rentals, and groups of houses – all that offer self-catering accommodation.

Benefits of Membership of the Irish Self-Catering Federation include:-

• Wide range of affiliates for members only including Insurance for Self-Catering,
• Lobby government on behalf of the Industry,
• Newsletter for members bimonthly with all the latest news and information.
• All members sign up for an ISCF Quality Assurance and are inspected.
• A listing site for self-catering property owners called ie ( we cannot list properties in RPZ areas until the Register for STR is in place.
• Annual Conference for members ( October 19th, 2022)

Please contact  info@iscf.ie for any further information or details of membership of the Irish Self-Catering Federation in anticipation of a Register for Short-term Rental Accommodation in Ireland.