Written Answers Nos. 223-227
223. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government the details of the relevant legislation governing short stay rental accommodation providers, such as (details supplied); the need for reforms to this legislation; and if he will make a statement on the matter. [17031/17]
View answerArticle 10(4) of the Planning and Development Regulations 2001-2015, dealing with change of use exemptions for planning purposes, provides that development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted from the requirement to obtain planning permission under the Planning and Development Act 2000, as amended, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
The interpretation and application of provisions relating to exempted development in any particular case is in the first instance a matter for the local planning authority concerned, or An Bord Pleanála on appeal or referral.
Similarly, responsibility for enforcement action in relation to any breach of the planning code is a matter for individual planning authorities, under Part VIII of the 2000 Act. Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including enforcement, with which a planning authority is or may be concerned.
It should be noted that a recent determination by An Bord Pleanála in a particular case has determined that the exclusive use of a residential apartment for short-term holiday lettings is a material change of use requiring planning permission. Therefore, the continued operation of the apartment in question without such planning permission could be considered to be unauthorised development and subject to enforcement proceedings by the relevant local authority under the Planning Act.
In this connection, my Department has, by way of Circular letter PL12/2016 of 22 December 2016, brought this determination to the attention of all planning authorities to ensure that they are aware of:
- the grounds on which the Board reached its decision,
- the planning implications in terms of the requirement for such commercial use of residential units to be the subject of an application for planning permission, and
- the importance of a pro-active approach to planning enforcement generally in this regard.
A copy of the Circular letter is available on my Department’s website at the following link:
http://www.housing.gov.ie/sites/default/files/publications/files/pl_12-16_aph_6-16_recent_an_bord_pleanala_decision_on_short_term_lettings.pdf.
In the wider context, in December 2016, Government approved the publication of a Strategy for the Rental Sector, which delivers on a commitment made under Pillar 4 of Rebuilding Ireland. The Strategy is structured around 4 key areas: security, standards, supply and services. The measures under these four headings will be implemented through the 29 actions contained in the Strategy.
In terms of rental accommodation supply, the focus in the Strategy for the Rental Sector is on maintaining existing levels of rental stock and encouraging investment in additional supply, reflecting the shortages in the supply of rental accommodation in key locations, particularly in urban areas. In some of these areas, there is also significant demand for transitory short-term accommodation. In this context, providing short-term rentals at higher prices may be an attractive option for landlords.
However, the implications of the above-mentioned determination by An Bord Pleanála has raised a number of regulatory and other related issues, such as tax liability, residential tenancy regulation, support for tourism, and planning. The Strategy for the Rental Sector provides for the establishment by my Department of a working group, comprising representatives of relevant stakeholders including local authorities, relevant Departments, public bodies and other interests in the area, with a view to providing more information on the scale and nature of the issue and full clarity regarding the appropriate regulatory approach to be adopted in relation to short-term tourism related lettings. The working group is due to report in Quarter 2 2017.
In the meantime, my Department is in active discussions with organisations involved in short-term letting with a view to establishing collaborative agreements within the coming weeks to ensure that those property owners involved in such letting have the required planning permissions.
224. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government the details of information on estate management fees payable by tenants living in social housing managed by approved housing bodies; and if he will make a statement on the matter. [17032/17]
View answerWhere social housing units are provided by AHBs under Payment and Availability (P&A) arrangements with local authorities, it is a condition of such funding that rents be determined in accordance with the differential rents scheme of the housing authority in which the house is situated. The AHB must obtain written permission from the housing authority if it intends to impose any additional charges on the tenant.
If, during the term of the P&A agreement, additional charges are proposed to be levied on tenants, the housing authority must seek confirmation from my Department that the proposed additional charges are permitted.
Where sheltered housing is provided by AHBs under the Capital Assistance Scheme (CAS), my Department’s guidance states that rents should be at levels which are reasonable having regard to tenant’s incomes and the outlay of the AHB on the accommodation.
225. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government the main differences in the way in which local authorities and approved housing bodies select or approve tenants; the legal basis for same; and if he will make a statement on the matter. [17033/17]
View answerHouseholds wishing to obtain social housing support from a housing authority or an approved housing body must first apply to the relevant local authority for a social housing assessment. Where the household is deemed qualified for support it is placed on the housing authority’s waiting list, and offers of suitable accommodation are made in accordance with the authority’s allocation scheme as they arise.
The allocation scheme is made by the elected members under section 22 of the Housing (Miscellaneous Provisions) Act 2009 and in compliance with Social Housing Allocation Regulations made thereunder, and specifies, among other things, the manner of, and the order of priority for, the allocation of dwellings to households on the housing and transfer lists. Under section 22, an allocation scheme shall apply to dwellings owned or under the control of a local authority, as well as dwellings provided by approved housing bodies with Exchequer funding.
Approved housing bodies are independent not-for-profit organisations, which operate in accordance with their Memorandum and Articles of Association and stated rules. Where a vacancy arises in a dwelling owned by an approved housing body, the relevant housing authority may nominate suitable households from its housing or transfer list to that body, having regard to the order of priority set out in its allocation scheme.
Such nomination rights are linked to the provision of funding by my Department under its capital and current funding schemes for social housing. The rules in this regard are set down in my Department's memorandum on Capital Funding Schemes for the Provision of Rental Accommodation by Approved Housing Bodies (Voluntary and Co - Operative Rental Housing) of May 2002, and related circulars, and the relevant Payment and Availability Agreements in force. Approved housing bodies may also, in consultation with the relevant housing authority, make its own nominations for a proportion of tenancies in accordance with the relevant funding rules for tenancies in a housing project funded under a capital scheme.
226. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 497 of 17 January 2017, the details of the 4,698 AHB new build units to be completed under the Rebuilding Ireland plan, showing the number of new build units to be completed by each AHB by 2021, in tabular form. [17034/17]
View answerRebuilding Ireland sets out ambitious but achievable targets for social housing delivery across a blend of delivery mechanisms including the Approved Housing Body (AHB) sector, who will be relied upon to deliver significantly not only under the Build category, but also under Acquisitions and Leasing.
It is expected that AHBs will deliver Build units through models such as the Capital Assistance Scheme (CAS) and the Capital Advance Leasing Facility (CALF) and the pipeline of delivery which has been established thus far under these schemes is available on the comprehensive status list of social housing schemes can be accessed at the following link:
http://rebuildingireland.ie/news/social-housing-developments/.
This status report lists the 504 approved social housing construction projects and their locations and contains a range of information relating to their advancement, including those delivered in 2016 and those at the various stages of advancement through planning, design and construction. 191 of these projects, or in excess of 3,000 units, have already been approved and are being actively delivered by AHBs under the CAS and CALF schemes.
Some of these projects will be completed in 2017 and others will commence on site during the year, as well as in subsequent years; the precise timing for the advancement of each of these projects, including completion dates, is a matter for the AHBs concerned in the first instance.
Targets by individual AHB have not been set for the programme; rather the AHBs apply to my Department or the Local Authority as appropriate on a project by project basis depending on the market availability, their capacity and the demand for the relevant units as confirmed by the Local Authority. The following link provides access to the construction status report in a format that may be analysed on an AHB basis:
https://data.gov.ie/dataset/construction-status-report-2016-for-quarter-4
Further project approvals are being added to the published list as they are developed by local authorities and AHBs, details of which will be included in the next quarterly report under Rebuilding Ireland.
I am keen that all local authorities and AHBs advance their social housing projects as speedily as possible and I have assured them that funding is in place to support their activity in this regard.
227. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government the number of first, second and third time HAP, housing assistance payment, tenancies set up each year since the scheme was introduced in tabular form; the number of first HAP tenancies still in place; and the average tenancy length to date of HAP tenancies. [17035/17]
View answerThe details on Housing Assistance Payment (HAP) tenancies you have requested are not collated by my Department.
Since commencement of the HAP scheme in September 2014, over 22,340 HAP tenancies have been set-up, which includes 2,370 tenancies which subsequently closed. HAP is currently being paid in respect of some 19,970 separate households across all 31 local authority areas.
HAP is a demand-led scheme and households may exit the scheme for a variety of reasons, including accessing other forms of social housing support. At the end of December 2016, 240 households had exited the scheme to avail of other forms of social housing support.
I am satisfied with how the HAP scheme is operating and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme committed to under Rebuilding Ireland.
