Air BnB [and other platforms] to be effectively outlawed in high demand areas

4ensic15

Dav010 wrote: »

Any property that has been out of rental market for 2 years will come back in at high rental price. Also, many owners went over to Airbnb due to concern about long term tenancies so will not be eager to re-engage, preferring to try and look at alternative ways to short let, or sell.

Two years out does not break the rent cap. Once it was rented and in a RPZ it is locked at that rent plus statutory increases.

CoffeeBean2

Would a class A fine be tax deductible?

Fian

4ensic15 wrote: »

Two years out does not break the rent cap. Once it was rented and in a RPZ it is locked at that rent plus statutory increases.

The recent bill appears to have changed this. It has not yet been signed into law but i understand it has been passed by both houses of the oireachtas.

https://data.oireachtas.ie/ie/oireachtas/bill/2018/140/eng/ver_b/b140b18d.pdf

Section 6(1)(b) of the above changes it so that a 2 year break will reset the rent cap.

This change also means that new tenancies in an RPZ are captured by the rules in respect of rents set after the first rent is set.

4ensic15

It will change things when enacted.

JJJackal

The RTB website says 2 years not rented and rent can be reset.

Complaints re rent are made to the RTB - the RTB says 2 years.

I dunno what that means in practice

DonnieCorko

With this new legislation, can we continue to advertise on airbnb for stays of 14 days or more without applying for any licence or anything?

Samuel T. Cogley

DonnieCorko wrote: »

With this new legislation, can we continue to advertise on airbnb for stays of 14 days or more without applying for any licence or anything?

Yes, that's not a change of use, short term lettings are now defined.

DonnieCorko

Samuel T. Cogley wrote: »

Yes, that's not a change of use, short term lettings are now defined.

Sweet, thanks for the reply. Not too bad so. I would prefer to house people who are new to the city/country and only want to stay for a few weeks/months while getting set up rather than take on the inherent risks with long term tenants. I suspect many others may do the same. Possibly less income than with long term tenants but much safer id imagine.

JTMan

Sorry - Just to be clear - It is still okay to short-term rent a room in your own place from 1 July 2019? but not the whole place? Thanks.

Claw Hammer

JJJackal wrote: »

The RTB website says 2 years not rented and rent can be reset.

Complaints re rent are made to the RTB - the RTB says 2 years.

I dunno what that means in practice

Where does the RTB website say that?

SusanC10

Do the new Airbnb Rules only apply to RPZs ?

So, say there is a house in rural Cork where the owner lives in the UK full-time and rents out the entire house short-term to holidaymakers - what happens there ?

Bluefoam

SusanC10 wrote: »

Do the new Airbnb Rules only apply to RPZs ?

So, say there is a house in rural Cork where the owner lives in the UK full-time and rents out the entire house short-term to holidaymakers - what happens there ?

The proprietor should apply for change of use to set it up as a hotel and register to pay the appropriate tax on their commercial income.

Samuel T. Cogley

SusanC10 wrote: »

Do the new Airbnb Rules only apply to RPZs ?

So, say there is a house in rural Cork where the owner lives in the UK full-time and rents out the entire house short-term to holidaymakers - what happens there ?

No it's nationwide. The confusion is that is was said change of use would not be granted in RPZs. They still need to apply for a change of use even in rural Cork.

machalla

Did the below amendments become part of the bill also?

https://www.irishexaminer.com/breakingnews/ireland/extra-charges-set-for-airbnb-homes-in-clampdown-on-regulations-917260.html

Landlords who rent out their properties on Airbnb face being hit with extra water, insurance, and commercial rates bill from July 1.

In a major clampdown on the regulations for short-term lettings, the new rules will also apply to so-called accidental landlords, despite concern from opposition parties that this would be unfair to those who found themselves in negative equity.

Lettings will not be permitted for longer than two weeks at a time and will be subject to rates and, potentially, extra insurance premiums.

In addition, water charges could also be applied, which would cost landlords a standing charge of €90 a year coupled with a €3.12 charge per 1,000 litres of water and wastewater utilised under a proposed charging system, it is understood.

SusanC10

Samuel T. Cogley wrote: »

No it's nationwide. The confusion is that is was said change of use would not be granted in RPZs. They still need to apply for a change of use even in rural Cork.

Thanks. It is confusing reading it. The property in question would have been used only as a holiday home (both for the owner and tourists) since the original owner died.

We will be staying there and also at a similar property in Donegal (both booked through Airbnb) after July 1st so was wondering about the likelihood of our Bookings being cancelled.

machalla

Planning permission requests might rise rapidly even those likely to fail to cover booking beyond July 1st.

https://www.irishtimes.com/news/politics/short-term-lets-property-owners-urged-to-regularise-affairs-1.3913664

Property owners affected by new rules regulating the renting of homes for short-term lets on platforms such as Airbnb are being warned to “regularise their affairs”.

The new regulations come into effect on July 1st, and owners engaged in short-term lets in rent pressure zones, where there is high housing demand, are being advised to “ apply for change-of-use planning permission at the earliest opportunity” if they already have confirmed bookings.

The department advises that “it is unlikely a planning authority will take enforcement action while a change-of-use planning application is being determined”.

SusanC10

So, just so I have it clear - the owner of a Holiday Home (non-PPR) in a non-RPZ must apply for Planning Change of Use to Local Authority. If they get it, they are restricted to 90 days per year and 14 nights per Guest.

Correct ?

Graham

I thought that only applied to properties in an RPZ.

Will try and dig out a link to the detail.

It could be argued it’s their Irish PPR and therefore can be let on Airbnb.

Thinkingaboutit

SusanC10 wrote: »

Do the new Airbnb Rules only apply to RPZs ?

So, say there is a house in rural Cork where the owner lives in the UK full-time and rents out the entire house short-term to holidaymakers - what happens there ?

RPZs only.

Anyhow, not going to get into a twist for the sake of Leo's vendetta against non-cuckoo fund, Irish owned property.

CoffeeBean2

It's a sad state of affairs when our government attempts to bring in new rules, on short notice, and no one has a clue what the story is!

From my understanding, short term rental is 14 days or less

- you can continue to rent a room in your primary residence nationwide. But you'll probably have to register with the local council.

- you can rent your full house out for 90 days in your primary residence nationwide. Again, you have to register with the local council.

- you have to apply for planning permission if you are renting out a non primary residence, again nationwide. However you are very very very unlikely to be granted permission if the property is located in a RPZ.

If you rent for longer than 14 days, even on Airbnb or other sites, the above rules do not apply.

It would be interesting what a rental that was originally arranged for 15 days, but cut short under 14 days would be classified as.

I find it funny that so many people on here are raving about laws getting broken due to no planning permission!

Renting for 14 days requires planning permission, renting for 15 days does not. What a joke.

Again, the government is playing the man and not the ball.

Samuel T. Cogley

Graham wrote: »

I thought that only applied to properties in an RPZ.

Will try and dig out a link to the detail.

Happy to be corrected. But if it is RPZ only it's hardly properly enforcing existing planning rules.

arctictree

Saw a government ad in the local paper today. The new rules only apply to RPZ areas. Makes sense.

Samuel T. Cogley

arctictree wrote: »

Saw a government ad in the local paper today. The new rules only apply to RPZ areas. Makes sense.

Yes just reading the Act now - I stand corrected. Apologies to anyone mislead.

However it makes little sense at all, you're either going to enforce planning laws or you're not. This is basically saying it's okay (notwithstanding Subsection 4) to AirBnB outside of RPZs. RPZ status is not the only reason a change of use should be required for short terms lets.

Samuel T. Cogley

CoffeeBean2 wrote: »

- you can continue to rent a room in your primary residence nationwide. But you'll probably have to register with the local council.

Not so sure on that one:


3A. (1) The use of a house or part of a house situated in a rent pressure zone for short term letting purposes is a material change in use of the house or part thereof, as the case may be.

Edit: Hang on a bloody minute. Have they managed to leave apartments out of this entirely? House is not defined as far as I can see and in that case I thought it was the normal dictionary definition of the word.

Graham

Samuel T. Cogley wrote: »

it makes little sense at all, you're either going to enforce planning laws or you're not. This is basically saying it's okay (notwithstanding Subsection 4) to AirBnB outside of RPZs. RPZ status is not the only reason a change of use should be required for short terms lets.

It's not really about planning laws. It's more about preventing/reversing the mass conversion of high-demand residential accommodation to short-term/holiday lettings.

Samuel T. Cogley

Graham wrote: »

It's not really about planning laws. It's more about preventing/reversing the mass conversion of high-demand residential accommodation to short-term/holiday lettings.

Which should be a nationwide thing or not at all in my view. We've already got, arguably unconstitutional, restrictions in place in RPZs forcing only certain people into below market rate rents.

Graham

There are lower demand (rural areas) where holiday lettings were very well established before the short-term platforms landed.

I think the RPZ targeting was to avoid these areas.

Samuel T. Cogley

Graham wrote: »

There are lower demand (rural areas) where holiday lettings were very well established before the short-term platforms landed.

I think the RPZ targeting was to avoid these areas.

I don't disagree with you there. Anyway perhaps just a case of sour grapes. As I said before I think I'm the only mug following the fecking rules.

JJJackal

Fian wrote: »

The recent bill appears to have changed this. It has not yet been signed into law but i understand it has been passed by both houses of the oireachtas.

https://data.oireachtas.ie/ie/oireachtas/bill/2018/140/eng/ver_b/b140b18d.pdf

Section 6(1)(b) of the above changes it so that a 2 year break will reset the rent cap.

This change also means that new tenancies in an RPZ are captured by the rules in respect of rents set after the first rent is set.

Think this is now law?