Message 001
Communication from the Commission - TRIS/(2022) 04521
Directive (EU) 2015/1535
Notificación - Oznámení - Notifikation - Notifizierung - Teavitamine - Γνωστοποίηση - Notification - Notification - Notifica - Pieteikums - Pranešimas - Bejelentés - Notifika - Kennisgeving - Zawiadomienie - Notificação - Hlásenie-Obvestilo - Ilmoitus - Anmälan - Нотификация : 2022/0871/IRL - Notificare.
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202204521.EN)
1. MSG 001 IND 2022 0871 IRL EN 21-12-2022 IRL NOTIF
2. IRL
3A. National Standards Authority of Ireland
1 Swift Square, Northwood, Santry
Dublin 9 D09 A0E4
Ireland
Tel: 00 353 (0)1 807 3824
Email: EUDirective2015.1535@nsai.ie
3B. The Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
23 Kildare Street, Dublin 2, D02 TD30
Contact person: Michelle O’Mahony
Tel: 00 353 (0)87 7993021
Email: michelle.omahony@tcagsm.gov.ie
4. 2022/0871/IRL - SERV20
5. Registration Of Short-Term Tourist Letting Bill 2022
6. The proposed Act places specific obligations on -
(a) individual owners of short term tourist letting accommodation, and
(b) online platforms and other media which advertise properties for short-term tourist letting
7. -
8. As part of the Irish Government’s Housing for All plan, the proposed legislation seeks to establish a register of short-term tourist letting (STTL) properties to ensure that housing stock is used to best effect in areas of housing need. It revises and adapts the current regime as provided for in the Tourist Traffic Acts 1939 – 2016. Fáilte Ireland (FI), the national tourism development authority, estimates that up to 31,000 properties are being advertised to tourists in Ireland at present. The majority of these are not known nor registered with FI as part of its existing national accommodation quality schemes and a significant amount of properties which do not have the necessary planning permission are being advertised to tourists. Previous enforcement attempts have not been effective largely due to the addresses of STTL properties not being indicated on online platforms. The proposed legislation, will require that any party offering accommodation for periods of up to and including 21 nights to tourists will need to be registered on a new STTL register and hold a valid registration number issued by FI. STTL properties will need to renew on an annual basis. Upon payment, a number will be provided instantly to all properties registered which must be displayed on any advertisements / booking platforms. Those registering a property will self-declare compliance with local planning regulations. Should it be determined afterwards that the property does not have the requisite planning permission in place etc, then their registration will be suspended pending an investigation / granting of relevant planning permission.
An Application Programming Interface (API) will be created which will allow access to the STTL register in real time from which Local Authorities and booking platforms will be able to programmatically cross reference the properties listed to ensure they are registered and have an up-to-date STTL number. All non-registered listings will need to be removed from any given booking platform until they provide a current registration number or meet the necessary requirements. Where the accommodation does not appear on a register and no valid registration number is held, the proprietor and any person who promotes the premises will face prosecution where they provide, advertise, or otherwise offer such unregistered accommodation to tourists for periods of up to and including 21 nights. To compel compliance with the obligations to register a STTL, FI will have the power to initiate criminal sanctions against a proprietor for failing to comply with the requirements of the proposed Act. In order to appropriately police the STTL market FI will need to monitor platforms to ensure that the short term lets promoted are compliant. Online booking platforms will be liable for civil sanctions for failure to comply with the provisions of the proposed Act.
9. For a number of years, there has been a significant shortage of long term private rental accommodation available in Ireland, particularly in the larger urban areas. In common with many areas across the world that attract significant numbers of tourists, properties that were previously in the traditional long-term letting market transferred to the more lucrative STTL tourism market.
An analysis of the 31,000 properties being advertised reveals that up to 70% of them are full houses and apartments, a significant number of these may be suitable for long term rental. Given the small number of properties that have been, to date, granted ‘change of use’ planning permission, it can be assumed that at least a majority of these properties are operating in the tourist sector without necessary planning permission. Legislative provisions to help address this situation were introduced in 2019 with the aim of returning much needed accommodation being used for STTL purposes to the traditional long term rental market, thereby increasing supply in the long term market and helping to stabilise rents in those areas. The provisions were not as effective as envisaged largely due to the addresses of STTL properties not being indicated on online platforms, thereby making the measure more difficult to enforce.
This new STTL register will allow for evidence-based decisions to be made as to what housing stock can be used for in local and national areas.
The proposed legislation has been carefully drafted to minimise the burden on booking platforms and to be in keeping with the requirements of the e-commerce Directive and complementary with the Proposal for a Regulation of the European Parliament and of the Council on data collection and sharing relating to short-term accommodation rental services and Amending Regulation (EU) 2018/1724.
10. No Basic Text exists
11. No
12. -
13. No
14. No
15. Yes
16. TBT aspect
No - The draft is not a technical regulation nor a conformity assessment
No - The draft has no significant impact on international trade
SPS aspect
No - The draft has no significant impact on international trade
No - The draft is not a sanitary or phytosanitary measure
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
