New law requiring registration of all short-term lets in Kilkenny

The government has approved priority drafting of a Bill requiring the registration of all short-term letting stock in Ireland. 

The Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin, announced details of the Registration of Short-Term Tourist Letting Bill today yesterday alongside the Minister for Housing, Darragh O'Brien, and Fáilte Ireland. 

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The new register will reportedly help ensure that properties built for residential accommodation will be used for that purpose, and Fáilte Ireland estimates that up to 12,000 properties could come back into the long-term rental market or the residential housing market as a result. 

Speaking today, Minister Martin, said, "As Minister for Tourism I am committed to growing the tourism sector in a sustainable manner. The measures announced today are an important step in addressing the availability of private residential rental accommodation.

"Housing for All includes an objective to make more efficient use of existing housing and we are aware that in some parts of the country an imbalance has emerged between the short term and long term rental markets. 

"We have examined the international context and conducted significant research in this area, which has illustrated the issues caused by an imbalance in supply. 

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"These new regulatory controls will ensure balanced and sustainable tourism development. Addressing the housing challenges will also help address the staffing issues facing many tourism businesses as it will provide housing options to tourism and hospitality workers in these areas. Working with the Oireachtas I hope that the legislation will be enacted in Q1 2023.

She continued: "To minimise disruption to the tourism industry and to tourists, property owners operating within the sector that need to apply for change of use planning permission are allowed, for a time limited period of up to six months, to continue to offer their accommodation as tourist accommodation while their application is being considered.

"These new measures will bring our approach to regulation in line with major tourism destinations across Europe, including Amsterdam, Paris and Barcelona.” 

Features of the Bill include the establishment of the new register, revisions to existing registers such as hotels and guesthouses to bring them in line with the new system, and the introduction of authorised officers to oversee adherence. 

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It also includes a provision that any party offering accommodation for periods of up to and including 21 nights will need to be registered with Fáilte Ireland, and an obligation on those advertising properties for short-term letting (including online platforms) to ensure that the properties have a valid registration number. 

Minister O'Brien also commented, stating there is "great potential" for the long-term rental market. 

He said, "Tourism is an important part of the Irish economy but we need a balanced and appropriate mix of private rental accommodation and short-term letting accommodation in this country – a balance which fully reflects the housing needs of those who live here.

"Through this proposed Fáilte Ireland registration system, we will be able to ensure that a greater amount private rental accommodation will be provided – particularly in urban areas of high housing demand.

"This registration system is another element of our national Housing Strategy, Housing for All and a key piece in the jigsaw. My Department and I will continue to work with the Department of Tourism to speed up the introduction of these new provisions.”

The CEO of Fáilte Ireland, Paul Kelly, said, "Fáilte Ireland is working closely with our colleagues in the Department of Tourism and the Department of Housing on the development of the Short Term Tourist Letting Registration System as outlined in the Government’s Housing for All policy.

"As part of this work, we have conducted detailed research into the experience of cities and countries across the world and have designed a registration system which will allow property owners to quickly and easily register short term letting properties. 

"As the National Tourism Development Authority, Fáilte Ireland is mindful of the need to balance an appropriate mix of long-term private rental and short-term letting accommodation. Fáilte Ireland will also continue to work with Local Authorities across the country to ensure any housing stock that is not suitable for private housing may continue to be used for tourism purposes. We look forward to working with the tourism industry and relevant stakeholders on the implementation of the registration.”

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Fáilte Ireland may levy a €300 fixed payment notice on property owners who advertise their property without a valid FI registration number and also have the option to bring the case to the district court where the maximum fine is up to €5000. 

For platforms, Fáilte Ireland can levy fines of up to €5000 per invalid listing for advertising properties without valid Fáilte Ireland numbers.