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Airbnb tourism lets to be targeted in new Bill

/ 7th December 2022 /
BP Reporter

People who want to offer their second home to let on platforms such as Airbnb will have to "confirm" with Fáilte Ireland that they have the relevant planning permission.

The new rules will focus primarily on properties that are not a "principal private residence".

Under new rules set to go to Cabinet today, Tourism Minister Catherine Martin will seek approval to ensure that properties advertised for short-term letting online will be obliged to have a valid registration number with Fáilte Ireland.

Suppliers offering accommodation for periods up to and including 21 nights will need to be registered.

It is understood the Bill will provide for penalties for property owners as well as platforms in the event of non-compliance. Government figures last night were unable to say what this potential fine would be in the event of non-compliance.

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Government sources hope that these proposals will increase the number of properties available for long-term housing.

It is estimated that some 12,000 properties could be freed up from short-term lets and benefit long-term housing needs.

However, industry sources are sceptical of this figure, with one pointing out that this would likely have to include the majority of the houses where rooms are rented in principal private residences in the short-term rental market.

Property owners will have to register on an online portal and confirm they have planning permission where applicable.

Currently, where a house or apartment is not a principal private residence, planning permission must be sought for it to be used in the short-term rental sector, which primarily supplies the tourism sector.

County councils, which were charged with implementing the regulations from 2019, found it very difficult to enforce the rules, with rental platforms being under no obligation to check whether or not a property had the relevant planning permission.

A report from the Department of Housing in August said: "At present, the vast majority of properties operating in the short-term rental sector are doing so without the necessary planning permission in place, contrary to statutory requirements."

Principal private residences are currently allowed to lease out their entire property for up to 90 days. They will not be affected by the new rules.

Airbnb
Planning permission
Tourism Minister Catherine Martin will seek approval to ensure that properties advertised for short-term letting online will be obliged to have a valid registration number with Fáilte Ireland.

Only 22 applications for change-of-use planning permission in respect of short-term letting were received between 2019 and July 2022 in the four Dublin councils.

The new legislation aims to deliver on a key Housing for All objective to make more efficient use of existing housing. It is hoped the measure will help unlock the long-term rental market.

Booking.com, Airbnb and others will likely seek a lead-in time to rework their websites and booking forms for clients and to educate customers about the new rules. However, Government figures are keen to implement the rules as soon as possible.

Airbnb has long been calling for the introduction of a register to allow it to check if properties on its platform are in compliance with the appropriate regulations.

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