New Short Term Letting Regulations, Planning and Development (amendment) Regulations 2019.

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Summary of the new regulations and what they mean.

Background.

The Minister for Housing, Planning, Community and Local Government has introduced new Regulations which allow for the use of a “house” for the purposes of Short Term Letting, in a rent pressure zone, in restricted circumstances provided statutory notifications are sent to the relevant Local Authority.

Definitions.

The use of a house or part of a house situated in a rent pressure zone for short term letting purposes is a material change in use of the house or part thereof, as the case may be. (Section 3A of the Planning and Development Act 2000 (as amended)

A short term letting’ means the letting of a house or part of a “house” for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor.” (Section 3A of the Planning and Development Act 2000 (as amended)

House includes apartments and flats for the purpose of this definition. Legal definition of a house under Part 1 of the Planning and Development Act 2000 (as amended) is ‘house’’ means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building.

Restrictions on use of a “house” (including apartments and flats etc.)

The new regulations which allow for Short Term Letting in restricted circumstances in a rent pressure zone do not apply to any property that is not a principal private residence of a person(s).

This means that the use of a second property that is not owner occupied or tenant occupied cannot legally operate for the purposes of short term letting under the new Regulations. This includes properties whose principle use is for short term letting use. Full Planning Permission is required in such circumstances.

Anybody who is operating a property for Short Term Letting purposes in such circumstances, is carrying out unauthorised development, which is an offence under Section 151 of the Planning and Development Act 2000. Such an offence may be prosecuted by Dublin City Council and is subject to criminal sanctions on conviction in court.

Properties that the New Short Term Regulation Exemptions apply to:

Option A

A “house” (including apartments and flats etc.) which is a principal private residence and is occupied  by the resident (landlord or licensor) can use up to 4 rooms accommodating no more than 4 people per room, with no restrictions on the number of days per year of use, provided that;

  1. it does not breach any condition of a permission or any use specified in such a permission.
  2. each letting is for a period of between 1 and 14 days.
  3. an owner occupier or tenant is resident at the time of the Short Term Lettings.
  4. the prescribed Start of Year, Form 15 Statutory Notification form is sent to Dublin City Council  no later than 2 weeks from the commencement of the first Short Term Let of the year, for that property.
  5. the prescribed End of year Notification, Form 17 Statutory Notification form is sent to Dublin City Council between the 1st of January and the 28th of January of the year after the lettings have taken place.

Option B

A “house” (including apartments and flats etc.) which is a principal private residence and is normally occupied by the resident (landlord or licensor) can be used for up to a maximum of 90 days per year, in periods of 1-14 days at a time,  in the absence of the owner occupier(s) or  tenant residing at that property.

In other words you can let your property for full time Short Term Letting purposes, provided that;

  1. the total number of days does not exceed 90 days in a year( 1st January to 31st December).
  2. it does not breach any condition of a permission or any use specified in such a permission.
  3. an owner occupier or tenant is not resident at the time of the Short Term Lettings.
  4. the prescribed Start of Year, Form 15 Statutory Notification form is sent to Dublin City Council  no later than 2 weeks from the commencement of the first Short Term Let of the year, for that property.
  5. the prescribed Form 16, 90 Day threshold reached Statutory Notification form is sent to Dublin City Council which is only required if the 90 Day threshold is reached. This form must be lodged no later than 2 weeks after the threshold has been reached.
  6. the prescribed End of year Notification, Form 17 Statutory Notification form is sent to Dublin City Council between the 1st of January and the 28th of January of the year after the lettings have taken place.

Please see link to online Form 15 (start of year notification)

Relevant form(s) to be completed and submitted online to Dublin City Council:

N.B. An automated reply will issue confirming receipt of notification by Dublin City Council.

If you have any further queries please see link to Department of Housing, Community and Local Government website that contains the full legislation and also some frequently asked questions.

https://www.housing.gov.ie/planning/private-rented-housing/new-regulation-short-term-letting

Should you require further information you can contact us at   01 222 6000

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