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 came 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.
- Frequently Asked Questions: Short Term Lettings FAQs
Completed Notification Forms
Fingal County Council
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. 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: [email protected]
Planning Enforcement Section
Fingal County Council