Short Term Lets

Short Term Lets

An Bord Pleanala decided in a number of applications that the use on a continuous basis of a residential apartment for short term lets constituted a material change of use. The Department of Housing Planning and Local Government issued a number of Circulars emphasising that such use requires planning permission.

The use of a house or part of the house in a rent pressure zone for short-term rental purposes is deemed to be a change of use requiring planning permission. The Department may make regulations requiring such persons as are specified to provide information at such intervals in relation to short-term lettings in the councils area. Breach is an offence.

Abandonment of Use

The abandonment of a use arises where a use granted by planning permission or otherwise established ceases. The consequence is that there is no permitted use.

Abandonment involves the termination of the use of the site together with an intention not to resume it. This may be inferred from the length of time concerned. The length of time concerned may not necessarily determine the matter. Mere suspension would not be abandonment. The question is the intention to abandon the use.

Advertising House in RPZ

Provisions apply for a period of 6 months commencing on the day following the commencement of section 3 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022. They apply  to  a house or part of a house that is not a principal private residence and is located in a rent pressure zone..

A person shall not, during the relevant period, advertise or cause the advertisement of a relevant property for short term letting purposes, or enter into any arrangement in respect of a relevant property for short term letting purposes, unless the use of the relevant property for those purposes—

• is in accordance with a permission granted under Part III, or
• is exempted development for the purposes of this Act.

A person who contravenes this provision is guilty of an offence and shall be liable, on summary conviction, to a class A fine.

A person shall be deemed not to have contravened this provision in respect of a relevant property if the person produces proof provided by a planning authority in accordance with regulations of the matters set out in respect of the relevant property.

The relevant period may, by order of the Minister made before the expiry of that period, be extended for such period (being a period not exceeding six months) as is specified in the order. An order shall be made by the Minister when he or she is satisfied that it is necessary in order to address an acute shortage of rental accommodation (other than for short-term letting purposes) in rent pressure zones. An order shall be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House.

Regulations re Short Term Lets

The Minister may make regulations—

• requiring such persons as are specified in the regulations to provide a planning authority with such information as may be specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority, and
• requiring a planning authority to provide to such persons as are specified in the regulations such proof of the matters set out in respect of a relevant property as may be specified in the regulations.”,

Exemptions

The use of overnight guest accommodation of not more than four bedrooms to accommodate not more than four persons each, is exempt provided it does not contravene conditions of the permission applicable to the property. This does not apply to a building designed for used for two dwellings, flats or apartments within such a building.

The use of a house or part of a house in a rent pressure zone for short-term letting is a material change of use. Short-term lettings of houses and bedrooms in those zones are exempt, provided conditions are complied with. The short-term letting must be

• of not more than four bedrooms in the house which is the principal private residence of the landlord/licencee
• each bedroom is occupied by no more than four persons
• the development complies with conditions attached to a grant for the house and is consistent with its use under that permission

Short-term letting in a rent pressure zone of a house that is the principal private residence of the landlord/licensor is exempt provided

• the average number of days in which the house is subject to short-term lettings
• is not more than 90 days
• and the use does not contravene a condition attached to the relevant planning permission.

Notification Obligations

The person concerned must at least two weeks prior to commencement of use notify the planning authority of the proposed use. This is to include

• details of the person concerned
• evidence that it is a principal private residence
• consent of owner if applicable
• Address and eircode contact information
• particulars of the nature of the use

Where short-term letting is involved of not more than four bedrooms a statutory declaration must be given declaring that the conditions have been complied with. Planning authorities are to maintain records of the notifications.

A person intending to engage in short-term lettings of principal residence must not later than four weeks after the commencement of each year in which this use is intended complete a specified form and statutory declaration and return it to the planning authority.

A person undertaking short-term letting in his house must in each year within two weeks of the expiry of the 90 day period, submit a declaration in a specified form to the planning authority. A further form is required in four weeks after the end of the year. Each requires a statutory declaration confirming that the total number of days the house was let on a short-term basis was less than 91.

Childminding

Childminding not more than six children including the children of the person minding for profit or gain is exempt. This is not apply to a building designed and laid out in two or more units or flats or apartments within the same.