I propose to take Questions Nos. 698 and 706 together.
The Planning And Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 (S.I. No 235 of 2019) - otherwise referred to as the Short-Term Letting Regulations - came into effect on 1 July 2019 with the aim of addressing the longer term rental issues arising from the use of properties for short-term letting purposes in designated Rent Pressure Zones (RPZs), which are areas of high housing demand. These Regulations, which are operable until 31 December 2021, only apply within the designated RPZs and therefore do not apply to properties in other parts of the country.
Under the Regulations, the owner a property in a RPZ which is not their principal private residence and who lets it for short-term letting purposes can, in order to continue such use of the property, apply for planning permission under section 34 of the Planning And Development Act 2000, as amended (the Act), with a decision generally made by the planning authority within 8 weeks of receipt of the application. This applies to all short-term letting properties in RPZs which are not principal private residences.
Where the owner of a property is unsure whether planning permission is required for short-term letting in their property, they can seek a declaration from the planning authority under Section 5 of the Act as to what, in any particular case, is or is not development or is or is not exempted development.
Responsibility for making determinations in individual cases in this regard is an independent function of the relevant planning authority. Under Section 30 of the Act, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned, save in specific circumstances which do not apply in this case.
I recognise the tourism benefits that the self-catering sector brings to many parts of the country, and am not opposed to the broader regulation of tourism activity, including the possible development of a new regulatory or licensing/registration system for commercial platforms and short-term letting agents which was recommended in the final Working Group report on the regulation of short-term lettings. However this is beyond the scope of the planning code and my remit. I corresponded with the Minister for Transport, Tourism and Sport regarding the possible implementation of the recommendation which would fall to him to progress. I remain of the view that the possibility of developing a more nuanced approach to the regulation of short-term letting through regulation of online platforms rather than the regulation of properties in RPZs merits consideration, thereby enabling parts of the country that benefit from the tourism that comes from short-term letting to be able to continue to do so.
I have no plans to amend exempted development regulations with regard to short-term letting at this time.
