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Seanad

Nithe i dtosach suíonna - Commencement Matters ›

Housing Policy

Summary

Senator Conway raised concerns that new short-term letting planning rules could wipe out small Airbnb income in towns like Tramore, where a broad presumption against change of use in urban areas over 10,000 population may make permission hard to obtain. The Minister said the Government is tightening regulation through a national planning statement and new legislation, but would check on the proposed population cap change and the seven-year rule.

Mark Daly An Cathaoirleach Fianna Fáil

I welcome the Minister of State, Deputy Feighan, to the House. He is most welcome to Seanad Éireann.

Comment on this

Táim fíorbhuíoch den Chathaoirleach gur roghnaigh sé seo mar cheann de na Nithe i dtosach suíonna ar maidin. Tá mé fíorbhuíoch chomh maith leis an Aire Stáit, an Teachta Feighan, as a bheith i láthair le déileáil leis an gceist thábhachtach seo. Ní féidir liom an cheist seo a phlé ar bhealach níos gonta ná trí cheann de na litreacha a fuair mé ó dhaoine i bPort Láirge a léamh. Léifidh mé amach é, ach déanfaidh mé píosa eagarthóireachta air chun aon aitheantas a cheilt. I will read it almost in its entirety and it will explain the matter at issue:

I am writing to you as my public representative because I have concerns about the impact on my small Airbnb business in Tramore resulting from proposals for linking the EU Short-Term Rental Register with Planning legislation. In short, from May 2026, all short-term properties need to have council short-term usage planning permission to get a Bord Fáilte registration. Commercial operation cannot proceed without this registration.

There are many confusing messages being communicated but my summary would be that I will lose my income from my holiday rental in Tramore as 'change of planning permission is unlikely to be granted where populations are greater than 10,000'. Tramore has 11,277 according to the latest census figures. From a recent webinar, 'in urban areas (currently defined as population greater than 10,000) a broad presumption is against granting change of use planning permission'. On 20 May registration will be compulsory, but the implications for my family income, and our ability to provide much-needed local holiday accommodation remain totally unclear. This shotgun approach is apparently being rushed in over a very short period, with no consultation. For example, in my case, my property was previously rented out to long term tenants for over 15 years. Most tenants were good but certainly not all. It was quite stressful with no real support from the RTB. I am sorry to say that I am unlikely to ever rent to long-term tenants again due to my experiences. The new six-year tenancy changes have also ensured my exit from that market.

Tramore is both a thriving community and a well-known tourist town. Currently, on Airbnb [the most regular site for rentals] there are only approximately 12 entire properties available for holiday rental in Tramore. I believe it is fair to say that this town is not overrun with Airbnbs. The accommodation alternatives are pretty scarce. Once again, I would question why this rushed, blanket approach is being taken that will, in my opinion, obliterate the sector, not only in Waterford but across the country. Changes to planning and registration should indeed be undertaken but the rules need to be carried out with more context and due diligence. The process should be efficient, affordable and reflect the situational circumstances of the applicant and the related property.

He goes on to sign the letter. As is said in the media, the name and address is with the editor. The individual makes the case very cogently and poignantly. I await the Minister of State’s informed response.

Comment on this
Frankie Feighan Minister of State at the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation Fine Gael

I thank Senator Conway for giving me the opportunity to update the House on behalf of the Minister for Housing, Local Government and Heritage, Deputy Browne, on planning requirements for short-term lettings. I thank Senator Conway for articulating the concerns raised with him. It was a powerful intervention. Action 7.16 of Delivering Homes, Building Communities 2025-2030 states that the Government will introduce increased regulation of the short-term letting sector by introducing a short-term letting and tourism Bill and that a national planning statement will provide guidance for local authorities when deciding on planning applications for short-term lets.

In April 2025 a Government decision set out a policy direction which proposes restricting, through a general presumption against granting planning permission, short-term letting in cities and larger towns. Following this decision, the Department of Housing, Local Government and Heritage is developing a national planning statement under section 25 of the Planning and Development Act 2024 for short-term letting activity. National planning statements replace section 28 ministerial guidelines and require the approval of the Government. They are intended to provide consistent national planning policies that all regional and local authorities must follow. This will ensure better alignment with Government priorities and more effective delivery of housing and infrastructure nationwide. The national planning statement for short-term letting will ensure that there is a clear overall policy approach, both at national level and local authority level, to determining planning applications for short-term lets. The national planning statement will consider a variety of factors to balance housing need in our cities and larger towns with the potential impact on tourism and economic development elsewhere.

On 1 July 2019, planning legislative reforms to regulate the short-term letting sector came into effect as an amendment to the Planning and Development Act 2000 and the 2001 regulations. These regulations provide that 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, they are required to apply for a change-of-use planning permission unless the property already has specific planning permission to be used for tourism or short-term letting purposes. With the nationwide extension of rent pressure zones in June last year, the legislative requirement to gain planning permission for short-term letting use was also extended nationwide.

In tandem with the development of the national planning statement on short-term letting, and following a review of the short-term letting provisions contained in the Planning and Development Act 2000, as amended, and the Planning and Development Act 2024, the Department recently brought forward amendments to the planning Acts. These amendments seek to remove references to rent pressure zones in respect of short-term lets and to codify short-term letting as a material change of use. These amendments are included in the Residential Tenancies (Miscellaneous Provisions) Bill 2026, which was published on 30 January. It is anticipated that the Bill will be enacted by 1 March.

Comment on this

Last night I read that consideration is being given to increasing the cap from 10,000 to 20,000. I wonder whether the Minister of State can confirm whether this is the case. With regard to the statute bar on seven-year usage on Airbnb and the like, will it still apply under the mooted new regulations?

Comment on this

The Department is working to give effect to the commitments contained in Delivering Homes, Building Communities 2025-2030. I will ask the Minister to follow up on the statute bar and on whether the cap will be moved from 10,000 to 20,000. This is information I do not have but I will speak to the Minister. The publication of the short-term letting and tourism Bill by the Department of Enterprise, Tourism and Employment, which will introduce a register of short-term lets whereby hosts will be required to declare compliance with planning requirements, and the development of the national planning statement on short-term letting, will assist with the regulation of short-term lettings sector. In advance of the publication of the national planning statement, in January 2026 the Department issued Circular SPI 01/2026 on short-term letting and the planning system to clarify the current legislative and policy framework for the regulation of the short-term letting of houses, apartments and other residential accommodation in the planning system.

Comment on this
Victor Boyhan Acting Chairperson Independent

I thank the Minister of State for agreeing to take this Commencement matter and the next Commencement matter.

Comment on this