2022/0533/IRL
EC/EFTA
IE Ireland
  • SERV60 - Internet services
2022-11-03
2022-08-02

Information society services

Section 3 proposes to place specific obligations on -
(a) individual owners of short term letting properties which are non principal private residences and are located in designated Rent Pressure Zones, and
(b) online platforms and other media which advertise properties for short term letting purposes in those Rent Pressure Zones.

Planning and Development, Maritime and Valuation (Amendment) Act 2022 - Section 3 relating to short term letting - Amendment of section 3A of the Principal Act i.e. the Planning and Development Act 2000, as amended.

It is intended that these new primary legislative provisions will be supplemented by secondary regulations which will outline the detailed operational arrangements to be applied in relation to the proposed measure. The secondary regulations are presently being developed in consultation with relevant stakeholders groups, including representatives of the main online platforms operating in Ireland and the tourism sector. Neither the primary legislation or the supplementary secondary legislation will be commenced during the TRIS Directive standstill period.

The proposed measure supplements pre-existing provisions and is targeted at both individual owners of short-term letting (STL) properties located in designated Rent Pressure Zones (RPZs - areas of highest housing demand), as well as online platforms and other media advertising STL properties. In this connection, it is proposed that -
(a) individual STL property owners operating in the designated RPZs will, in line with the pre-existing provisions, continue to be required to obtain change of use planning permission to operate for STL purposes, and
(b) online platforms and other relevant media shall not advertise, or accept bookings for, non-principal private residences for STL purposes in RPZs without the necessary planning permission being in place in respect of the property concerned or the property concerned being otherwise exempted.
In this connection, it is further proposed that online platforms and other media advertising STL properties will be required to display an indicator on each STL property advertisement signifying that the necessary STL planning permission or exemption is in place. Non-compliance with these provisions will be an offence for both the online platform and the property owner concerned.
These proposed provisions will only apply to non-principal private residences (whole houses or apartments not occupied by their owners) and will not have any impact on STL properties operating outside the designated RPZ areas or on the short term letting of a room or rooms within a home (referred to as homesharing), where the dwelling involved is the principal private residence of a person or family.