SHORT TERM LETTING
New Short Term Letting Regulations, Planning and Development (amendment) Regulations 2019.
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. The property must fall within one of the Council’s two Rent Pressure Zones for the above mentioned provisions to apply. The Council’s Rent Pressure Zones are the Portlaoise Electoral Area and the Graiguecullen / Portarlington Electoral Area which are highlighted in red on the following map: Rent pressure zone map
Short term letting in areas outside the designated rent pressure zones are not impacted in any way by the new arrangements.
The following is a brief summary of the main requirements arising from the combined provisions in the Act and the Regulations which, for the avoidance of doubt, apply only to 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.
- Residents, including home sharers, will be allowed to let their entire principal private residence (house or apartment) on a short-term basis for a cumulative period of up to 90 days per calendar year where they are temporarily absent from their home.
- Where the 90 day threshold is exceeded, change of use planning permission will be required.
- Where the house or apartment is not a ‘principal private residence’ (i.e. where it is not ordinarily lived in by the owner or leased as a long-term residential accommodation), the 90 day exemption does not apply and change of use planning permission will be required for all short-term letting.
- Homesharing (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 exempt from the requirements to apply for planning permission.
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.
Details of the new provisions on the Department website in relation to short term letting
https://www.housing.gov.ie/planning/private-rented-housing/new-regulation-short-term-letting
There are a number of forms that must be completed and returned to the Council with respect to the operation of short term lettings. These are as follows:
Form 15 – Annual Notification. This form should be returned no later than 4 weeks of the start of each year for existing uses or 2 weeks prior to the first instance of the proposed change of use for new uses.
Short Term Letting Form 15- Start of year notification
Form 16- This form is only required to be completed if the 90-day cap is reached during the year. It should be returned no later than 2 weeks after the event.
Short Term Letting Form No 16- 90 day Cap reached
Form 17- End of year notification. It shall be returned no later than 4 weeks after the end of each calendar year.
Short Term Letting Form No 17- End of year notification
What will the cost of notification be?
It is not proposed that there will be any charge associated with a person notifying the planning authority that they are availing of the short term letting planning exemption.
Queries
Any queries relating to Short Term Letting should be directed by email to: planning@laoiscoco.ie
Completed Notification Forms
Completed registration/notification forms can be returned by email to planning@laoiscoco.ie
or by post to: Planning Section, Laois County Council, Áras an Chontae, JFL Ave., Portlaoise,
Co. Laois R32 EHP9