Dáil Éireann Debate, Thursday - 26 June 2025
257. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage for clarification on a matter regarding the Residential Tenancies (Amendment) Bill 2025, and short term lettings (details supplied); and if he will make a statement on the matter. [35006/25]
Amharc ar fhreagra261. Deputy Michael Cahill asked the Minister for Housing, Local Government and Heritage if the plan to extend rent pressure zones to all areas of Ireland has taken into account operators such as small farmers, who earn small sums to supplement their income heading in to wintertime as a means of survival of their livelihood; and if he will make a statement on the matter. [35024/25]
Amharc ar fhreagra262. Deputy Michael Cahill asked the Minister for Housing, Local Government and Heritage if the plan to extend Rent Pressure Zones to all areas of Ireland, has taken into account that County Kerry attracts many tourists and is heavily reliant on short-term lets where small operators earn small sums to supplement their income heading in to wintertime as a means of survival of their livelihood; and if he will make a statement on the matter. [35025/25]
Amharc ar fhreagra264. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage the reason holiday lets cannot be registered with the RTB if people are living in them long term; and if he will make a statement on the matter. [35035/25]
Amharc ar fhreagraI propose to take Questions Nos. 257, 261, 262 and 264 together.
The Residential Tenancies Acts 2004-2025 (the RTA) regulate the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The RTA apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. Section 3(2) of the RTA prescribes the dwellings to which that Act does not apply including a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only and a dwelling within which the landlord also resides.
Where a dwelling is occupied by a person under an arrangement or agreement which is not a tenancy covered by the RTA, for example, where a bona fide licensing arrangement exists, the RTB does not have any jurisdiction or function. It is a private contractual matter between the parties as to type of agreement/arrangement to put in place. If a dispute arises as to whether a purported license is in fact a tenancy, the RTB can determine on the matter and if it is a tenancy, the RTA applies.
Under section 3A of the Planning and Development Act 2000, as amended, "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 so specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority". Legislative reforms to regulate the short term letting sector - as provided for in the Residential Tenancies (Amendment) Act 2019 and supplementary regulations (Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2019) came into effect on 1 July 2019. The provisions of the Regulations include the following:
• 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;
• Where a person owns a property in a Rent Pressure Zone which is not their principal private residence and intends to let it for short-term letting purposes, s/he is required to apply for a change of use planning permission unless the property already has a specific planning permission to be used for tourism or short-term letting purposes.
A person engaged in short-term letting of part of their principal private residence (PPR) does not generally require planning permission to do so. Short term letting of an entire PPR does require planning permission where such letting occurs for a total of more than 90 days per year. Such letting must not contravene any planning condition and must be consistent with any use, specified in the original planning permission.
The primary objective of that legislation is to regulate short-term letting through the planning code in the context of its impact on the supply of private rented accommodation. Responsibility for the implementation and enforcement of planning legislation is a matter for planning authorities.
It is important that there is a clear view, both at national level and local authority level, as to the overall policy approach to determining planning applications for Short Term Lets.
The Government has recently agreed a policy to generally preclude new planning permissions for Short term letting in cities and towns with a Census population in excess of 10,000 persons, at the most recent Census of Population. It was further agreed that local authorities should have discretion to develop policies for other locations having regard to relevant local criteria to be set out in the guidance. This guidance will be introduced in the form of a National Planning Statement (NPS).
My Department is currently developing a NPS for the Short-Term Letting sector to supplement and support the introduction of the Short-Term Letting and Tourism (STLT) Bill. It will consider a variety of factors, such as existing planning legislation, the long-term housing need in the local authority area, the location of the proposed Short-Term Let and balancing housing need with the potential impact on tourism and economic development.
Further to a review of the current provisions as operated by local authorities under the planning code, the Government agreed a specific action in Housing for All (action 20.4) to “develop new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland.” The General Scheme of the Short-Term Letting and Tourism Bill was submitted to Government by the Minister for Enterprise, Tourism and Employment in April 2025 and approved for priority legal drafting - https://enterprise.gov.ie/en/legislation/general-scheme-short-term-letting-and-tourism-bill-2025.html. The Bill will provide for new regulatory controls requiring short-term and holiday lets to register with Fáilte Ireland with a view to ensuring that houses are used to best effect in areas of housing need. Additionally, the Bill will provide for implementing measures necessary to give effect to the Short-Term Rental Regulation (EU) 2024/1028.
On 10 June 2025, the Government approved policy measures to provide for: the enhancement to rent controls and tenancy protections for new tenancies created (i.e. first time tenancy between parties) from 1 March 2026; and as an interim measure, to draft legislation on the basis of Heads provided to it to extend and expand the operation of Rent Pressure Zones (RPZs) across the entire country until 28 February 2026.
The new measures have been informed by the findings of the Housing Agency Review of Rent Pressure Zones and Potential Policy Options and its preferred recommendation to modify the existing operation of the current RPZ rent controls. On 17 June 2025, the Government approved the publication of the Residential Tenancies (Amendment) Bill 2025 for priority enactment.
The Residential Tenancies (Amendment) Act 2025 came into operation on 20 June 2025 and provides for a two-month extension, until 28 February 2026, of the operation of all existing RPZs and the deeming of other areas, not currently designated as RPZs, to become RPZs from 20 June 2025 until 28 February 2026.
