New Regulation of Short Term Lettings

As part of the measures to help address pressures in the private housing rental market, new planning legislative reforms to regulate the short term letting sector are due to come into effect on 1 July 2019.

The reforms, which are now underpinned in legislation ( as provided for in the Residential Tenancies (Amendment) Act 2019 and supplementary regulations made by the Minister for Housing, Planning and Local Government entitled the Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2019) are primarily aimed at addressing the impact on the private rental market by the use of residential homes for short-term tourism type letting in areas of high housing demand.

The new provisions will only apply in areas designated as 'rent pressure zones' under the Residential Tenancies Act 2004, as amended. Short term letting in areas outside the designated rent pressure zones are not impacted in any way by the new arrangements.

Under the new arrangements applicable in rent pressure zones:

  • Short term letting is defined as the letting of a house or apartment, or part of a house or apartment, for any period not exceeding 14 days.
  • Home sharing (the letting of a room or rooms in a person’s principal private residence) will continue to be permissible on an unrestricted basis and be exempted from the new planning requirements.
  • Home sharers will be allowed to sub-let their entire principle private residence (house or apartment) on a short term basis for a cumulative period of 90 days where they are temporarily absent from their home.
  • Where the 90 day threshold is exceeded, change of use planning permission will be required.

If you home share your principal private residence in a rent pressure zone and wish to avail of the new planning exemptions, you will need to register this with your local authority and fulfil specified reporting obligations.

However, where a person owns a property in a rent pressure zone which is not their principal private residence and intends to let it for short-term letting purposes, s/he will be required to apply for a change of use planning permission unless the property already has a specific planning permission to be used for tourism or short-term letting purposes.

The associated “Frequently Asked Questions” document has been prepared to assist in providing a more comprehensive and detailed understanding of the new short term letting reforms and the new reporting obligations on home sharers.

Queries

Any queries relating to Home Sharing or Short Term Letting should be directed by email to: planning@fingal.ie

Completed Notification Forms

Completed registration/notification forms can be returned by email to planning@fingal.ie or by post to:

Planning Department
Fingal County Council
County Hall
Swords 
Co.Dublin 

K67 X8Y2

Enforcement

The new arrangements are being introduced through the planning code and each planning authority’s enforcement unit will be responsible for monitoring and enforcing these new requirements in their respective functional areas. This is a working document, which is subject to change on a periodic basis. - Updated June 2019 13 There are already extensive enforcement provisions provided for in Part 8 of the Planning Act, including section 156 (Penalties for Offences), section 157 (Prosecution of Offences), section 158 (Offences by bodies corporate), section 159 (Payment of fines to planning authorities) etc. Under the Planning Act, all development, including a material change of use, unless specifically exempted under the Act or associated Regulations, requires planning permission. Planning authorities can take enforcement action if a development does not have the required permission or where the terms of permission have not been met.

Unauthorised Development is development and /or use that is in breach of the planning laws. If you think that there is a breach of the new provisions and want to report it, you should contact the Planning Enforcement Section: planning.enforcement@fingal.ie

By post:

Planning Enforcement Section

Fingal County Council

County Hall

Main Street

Swords

Co Dublin

K67 X8Y2

 

DOCUMENT LINKS

Forms

       Form 15 Start of Year Notification

      Form 16 - 90 Day Cap Reached

       Form 17 - End of Year Notification

Regulations

       SI 235 of 2019 Planning & Devt Act