Self-Catering Sector Calls for Urgent Clarity on Rules
Statments in the media from Government spokesperson on 10/2/2206 but no clarity for SME Self-catering business owners.
The ISCF welcomes the recent meeting between Government leaders and Minister Peter Burke, Minister for Enterprise, Tourism and Employment, during which it was agreed to raise the threshold for self-catering properties to towns with populations of 20,000 and above for tourism lets of up to 21 nights. We are grateful for the engagement and ongoing support shown by many TDs, particularly those representing rural constituencies, who continue to recognise the importance of our sector and the communities it sustains.
This means that self-catering will not be permitted in many key tourism towns such as Kilkenny, Tralee, Ennis, Sligo, Letterkenny and Mullingar. There is currently no clarity regarding the town boundary system that will be applied. Furthermore, due to the absence of a Register for Short-Term Rentals (STR), there is no reliable data on the number of self-catering properties that will be impacted by the proposed restrictions.
A general restriction or ban on STRs in all towns above a specified population threshold is highly vulnerable under EU law. Population size alone does not constitute evidence of housing pressure attributable to STRs and cannot justify a blanket territorial restriction. In the Cali Apartments case, the European Court of Justice (CJEU) upheld the French regulatory system because it was carefully designed and grounded in evidence. The French authorities provided detailed data demonstrating the link between STR activity and housing pressure, excluded primary residences from the regime, and limited its application to geographically dense areas.
By contrast, the Irish approach relies on a blunt population threshold rather than on demonstrable STR-driven housing impact variables. It provides no municipality-level causal evidence and does not establish a proven link between STR activity and rent inflation. As such, it is likely to be viewed as a disproportionate, one-size-fits-all territorial restriction applied without adequate targeting.
Advocate General ECJ Opinion
On 5/2/2026 the advocate General of the Court of Justice of the European. Union issued his Opinion in Case C-813/24 (Smartflats v Région de Bruxelles-Capitale), confirming that where urban planning or authorisation schemes set conditions regarding access to the short-term rental (STR) market, they fall within the scope of the EU Services Directive — even when presented as land-use or planning controls.
The Advocate General will now prepare a final judgment, but Irish STR planning restrictions are fully subject to EU internal market law. They must comply with principles of proportionality, necessity, non-discrimination, clear and transparent criteria, and fair and timely procedures. This is directly relevant in the context of Ireland’s proposal to require planning permission as a condition for continuing STR activity.
Is There Clarity
There is a lack of clarity regarding planning for existing self-catering businesses. The deadline for the introduction of the Register for STRs is May 2026. Fáilte Ireland is responsible for the implementation and management of the Register, but no details have been provided to self-catering owners about the requirements or how the system will operate.
Despite promises from the Department of Housing, the following have not been delivered:
- Legislation separating short-term rentals of under 22 days from long-term rental.
- A National Planning Statement to provide a legal framework for both existing and new short-term rental developments, including planning for new developments to replace self-catering properties lost due to Ghost STR planning and the long-term use of properties.
What the ISCF is Calling For
- To appear with owner members before the Joint Oireachtas Enterprise, Tourism and Employment Committee to present the views of self-catering owners.
- Clarity on the details of the Register for STRs so that preparations can be made for this essential transition.
- The establishment of a working group to discuss planning for existing self-catering and glamping, as well as the development of new short-term rental offerings in rural areas.
The ISCF remains committed to working constructively with Government, local authorities, and industry stakeholders to ensure that Ireland’s self-catering and short-term rental sector can continue to thrive.
By providing clarity, supporting sustainable growth, and protecting rural tourism, we can secure a vibrant future for owners, guests, and the communities they support.
Ends
Need More Information?
Contact us: Send an email to info@iscf.ie, and we’ll be happy to assist you.