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Regulation of Short Term Letting

Tuesday 1 September 2020

Regulation of Short Term Letting

As part of Government measures to help address pressures in the housing market, reforms to planning legislation regarding Short Term Letting came into effect on 01 July 2019. 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.

The reforms, which are underpinned in legislation[1], 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. Accordingly the new provisions will only apply in areas designated as rent pressure zones under the Residential Tenancies Act 2004, (as amended).  Currently all of County Wicklow is designated a “Rent Pressure Zone” and therefore the new regulations apply across the entire County.

The new provisions are as follows:

Homesharing

  • The letting of up to 4 rooms in a person’s principal private residence (where the homeowner remains in occupation) will continue to be permissible on an unrestricted basis and be exempted from the new planning requirements.
  • The letting of an entire principle private residence (house or apartment) on a short term basis (14 days or less) for a cumulative period of 90 days per calendar year where the home owner is temporarily absent from their home will continue to be exempt from the new planning requirements.

However where the 90 day threshold is exceeded, change of use planning permission will be required.

Anyone homesharing their principal private residence who wishes to avail of the new planning exemptions will need to register this with Wicklow County Council and fulfil specified reporting obligations. To avail of the new planning exemptions for short term letting the submission of the following forms to Wicklow County Council will be required:

  • Form 15:          Start of year notification
  • Form 16:          For notification when 90 days of short term letting has been reached in the current year.
  • Form 17:          For confirmation of the specific amount of days of short term letting carried out during the previous year (on or before January 28th)

These can be found here www.wicklow.ie

Letting of ‘second homes’

Anyone wishing to utilise a second property that is not their principal private residence for short term letting, will need planning permission unless the property already has a specific planning permission to be used for tourism or short-term letting purposes.

Guidance and forms for making a planning application can be found on the Wicklow County Council website www.wicklow.ie

Concerns regarding unauthorised / unregistered short term letting

If you have any concerns about properties in your area that you believe are being let on a short term basis without the required registration / permission, you can contact the Council in confidence on plandev@wicklowcoco.ie

A “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 homesharers. This can be found on the Wicklow County Council website www.wicklow.ie or by emailing plandev@wicklowcoco.ie

For any questions or queries, you can contact the Short Term Letting team, on 0404 20100 or plandev@wicklowcoco.ie

 

[1] Section 38 of the Residential Tenancies Amendment Act 2019 (No 14 of 2019) and the Planning and Development (Amendment) Regulations 2019 (S.I. No 235 of 2019)

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