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Airbnb investing is illegal / no planning permission?

  • 27-08-2017 4:57pm
    #1
    Registered Users, Registered Users 2 Posts: 5


    Hi, this was discussed a while ago and the thread was closed.

    I am thinking about buying a 1 bed apartment in Dublin in order to use it exclusively as a short-term rental (on Airbnb and other websites).

    However judging from media stories and online discussion, it sounds as if the Irish government wants to make this illegal, or that I would be refused planning permission if I applied, and would therefore be unable to do it legally.

    Does anyone know what the current situation is, or insight into what is going to happen?


«1

Comments

  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You will hit issues left right and centre here.

    Most apartment complexes prohibit short term letting in the documents you sign at purchase.

    You will pay tax on all income.

    The planning thing is being looked at and given the shortage of housing in Dublin it is entirely possible that short term lets will require pp in the very near future.


  • Registered Users, Registered Users 2 Posts: 5 Thegeneralist


    Thanks

    I am prepared for the inevitability of paying income tax on profits.

    I just need a legal route to doing it at 80% occupancy.

    Maybe I should act like uber and just do it.


  • Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭Spanish Eyes


    I thought planning permission was required due to a recent ruling. Am I wrong?


  • Registered Users, Registered Users 2 Posts: 24,694 ✭✭✭✭Alf Veedersane


    I thought planning permission was required due to a recent ruling. Am I wrong?

    ABP ruled it was required at the end of last year.


  • Banned (with Prison Access) Posts: 1,695 ✭✭✭gizmo81


    As always there is conflicting information

    Dec 2016 Coveney said


    Landlords are not allowed to use Airbnb for the short-term letting of their properties unless they get planning permission for bed and breakfast or hotel status, Minister for Housing Simon Coveney has confirmed.

    https://www.irishtimes.com/news/politics/oireachtas/landlords-need-permission-for-airbnb-lets-minister-confirms-1.2914873

    Aug 2017

    Eoghan Murphy is close to agreeing a deal with Airbnb that would prevent landlords turning residential properties into commercial short-term lets without planning permission.

    https://www.thetimes.co.uk/article/dublin-to-clamp-down-on-airbnb-lets-c536gzhdm

    One important thing to note if buying a an apartment is the management company could block you from listing the property on Air BnB

    https://www.irishtimes.com/news/ireland/irish-news/spencer-dock-dwellers-seek-clarity-on-airbnb-ban-1.2838457

    Also other bans in apartments have been in the media.


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  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You'll pay income tax on income, not profits.

    Re planning permission, An Bord Pleanala ruled that it is required but the government working group set up to clarify the situation has yet to report.


  • Registered Users, Registered Users 2 Posts: 5 Thegeneralist


    athtrasna wrote: »
    You'll pay income tax on income, not profits.

    Re planning permission, An Bord Pleanala ruled that it is required but the government working group set up to clarify the situation has yet to report.

    You are wrong about tax on all income.

    I am already a self employed sole trader and discussed this in principle with my accountant.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You are wrong about tax on all income.

    I am already a self employed sole trader and discussed this in principle with my accountant.

    There's no tax free allowances and like any private rental not all expenses are allowable as deductions from your tax bill.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Systematic short-term letting without planning permission has always been illegal (well, since 1963) and this was stated in a Lansdowne Village case in the 1990s and repeated by the case before ABP last year.
    it sounds as if the Irish government wants to make this illegal
    They are unlikely to make short-term letting (rural tourism depends on it) or Airbnb illegal. They may working towards legislating short-term letting properties as different from residential properties.
    that I would be refused planning permission
    This is not a foregone conclusion, but you are unlikely to get planning permission for short-term letting in an existing apartment development. In cities, this might even apply if you own the whole building.

    There is nothing stopping you building your own properties with a planning permission for short-term letting.


  • Registered Users, Registered Users 2 Posts: 5 Thegeneralist


    athtrasna wrote: »
    There's no tax free allowances and like any private rental not all expenses are allowable as deductions from your tax bill.

    You've gone from 'tax on all income' to 'not all expenses are deductible'!

    But I want to discuss PP not tax, so won't pursue this any further.

    FWIW my accountant gave a long list of deductible expenses including cleaning fees, wear and tear, pre-letting expenses and commission to AIRBNB. So pretty much everything.


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  • Registered Users, Registered Users 2 Posts: 5 Thegeneralist


    Thanks Victor, much appreciated!

    So in Dublin city it's a non-runner, as I feared.

    There are 25 properties being investigated by DCC at the moment for breaching planning law. Not sure what penalties the owners might face.

    It doesn't sound like it's worth taking the risk.

    Victor wrote: »
    Systematic short-term letting without planning permission has always been illegal (well, since 1963) and this was stated in a Lansdowne Village case in the 1990s and repeated by the case before ABP last year.

    They are unlikely to make short-term letting (rural tourism depends on it) or Airbnb illegal. They may working towards legislating short-term letting properties as different from residential properties.

    This is not a foregone conclusion, but you are unlikely to get planning permission for short-term letting in an existing apartment development. In cities, this might even apply if you own the whole building.

    There is nothing stopping you building your own properties with a planning permission for short-term letting.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    athtrasna wrote: »
    You'll pay income tax on income, not profits.

    Re planning permission, An Bord Pleanala ruled that it is required but the government working group set up to clarify the situation has yet to report.

    That's incorrect, income tax under Case V of Schedule D is applied to the full amount of profits/gains arising from the letting of land/property in the State - not the gross rental flows.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    athtrasna wrote: »
    There's no tax free allowances and like any private rental not all expenses are allowable as deductions from your tax bill.

    TAx free allowances haven't existed since 2001; the same system of tax credits is available to all taxpayers. Those who are self employed or proprietary directors receive a lower level of tax credits than employees. The OP might very well be an employee. Not all expenses are ever allowable for tax purposes - the expenses permitted against rental income are revenue expenses wholly & exclusively incurred to earn the rental income. An employee would have a higher standard (necessarily is also added). An investor in shares, for example, does not get interest relief, unlike a landlord.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭relax carry on


    Marcusm wrote: »
    That's incorrect, income tax under Case V of Schedule D is applied to the full amount of profits/gains arising from the letting of land/property in the State - not the gross rental flows.

    Not exactly correct. Airbnb income would be case 1 trading income or case iv miscellaneous income not case 5 rental income.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Not exactly correct. Airbnb income would be case 1 trading income or case iv miscellaneous income not case 5 rental income.

    I would disagree; unless the level of services being provided rose to that provided by a B&B or a hotel (not contemplated by the OP), then I think case V is the appropriate head of charge. The original AirBnB involved someone staying in the founder's apartment and getting breakfast. The OP seems to contemplate a simple short term letting arrangement - that is case V income not case I (and certainly seems to be more systematic than the type of casual profits generally assessable under case IV).


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Marcusm wrote: »
    I would disagree; unless the level of services being provided rose to that provided by a B&B or a hotel (not contemplated by the OP), then I think case V is the appropriate head of charge.
    I think Revenue have issue opinion on this that it is more like a service than a rental. In most rentals you don't get bed sheets and daily/weekly cleaning.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭relax carry on


    Marcusm wrote: »
    I would disagree; unless the level of services being provided rose to that provided by a B&B or a hotel (not contemplated by the OP), then I think case V is the appropriate head of charge. The original AirBnB involved someone staying in the founder's apartment and getting breakfast. The OP seems to contemplate a simple short term letting arrangement - that is case V income not case I (and certainly seems to be more systematic than the type of casual profits generally assessable under case IV).

    It was from revenue's ebrief on the rent a room provision some Airbnb hosts were using.

    http://www.revenue.ie/en/tax-professionals/ebrief/2015/no-212015.aspx

    Income from the provision of accommodation to occasional visitors for short periods, including, for example, where the accommodation is provided through online accommodation booking sites, does not qualify for relief as the visitors use the accommodation as guest accommodation rather than for residential purposes. Income from guest accommodation that is occasional in nature is taxed as other income (Case IV), or where a trade exists, such as a bed and breakfast or a guesthouse operation, it is treated as trading income (Case 1).


  • Posts: 0 [Deleted User]


    Some movement from the government on this
    Minister for Housing Eoghan Murphy said he would be introducing the new licensing system for short-term lettings, in comments that did no mention Airbnb by name. However any such rules would directly impact Airbnb lettings.


    The online room rental service has grown strongly around the world and in Ireland over the last number of years. But the growth is not without controversy. It emerged in July that Dublin City Council was investigating 25 suspected cases of homes being illegally used as Airbnb or other holiday rental accommodation.The council’s planning enforcement department took action in relation to complaints that the homes, most of which are apartments, are being used as short-term rentals without planning permission. An Bord Pleanála last year upheld a council decision that an apartment in Temple Bar had been changed from residential use to short-term letting and that change was not exempt from requiring planning permission.


    Speaking to reporters at the National Ploughing Championships in Co Offaly on Tuesday, Mr Murphy said: “The rise of the sharing economy has led to a growth in the availability of short-term lettings for tourism purposes, with a corresponding need for an increased supply of rental properties in those same areas,”


    He said a cross-Government working group including the Department of Transport, Tourism and Sport and Fáilte Ireland will come up with the licensing and regulatory system.


    “ This will take more time to develop. In the meantime, I have instructed my Department to prepare specific guidance and advice for local authorities, which should issue in the coming weeks, to inform their decision-making on planning applications related to short-term lettings.


    He added: “Just to be clear, I think that home-sharing - renting a room in your house for overnight guests or letting your whole home while you are on holidays - is a good idea. This can be an important source of income, helping ‘home-sharers’ meet the costs of mortgages, rents or other household expenses - and actually supporting tenure security. It also supports tourism and associated economic activity and even social and cultural exchange.


    “But home sharing needs to mean actually home sharing.
    “When landlords who normally provide residential rental accommodation turn to short-term lettings or when investors purchase residential units for the same purpose, these homes are lost to the housing system, and can exacerbate the already tight supply of properties for normal renting.”
    https://www.irishtimes.com/news/social-affairs/people-renting-out-rooms-on-airbnb-will-need-licence-under-new-plan-1.3227584


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__



    Maybe I should act like uber and just do it.

    That's what I'll be doing.

    If I can't charge the market rate with a normal let I must find another way. There are numerous ways I have found out. I'm going to try Airbnb first though.


  • Closed Accounts Posts: 4,294 ✭✭✭LiamoSail


    I'm quiet impressed with Eoghan Murphy's comments on Airbnb. Airbnb etc. should not be banned, however it should be limited only to the lister's PPR. That would ensure the numerous landlords currently utilising Airbnb sell or return them to the market as long term lets


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  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    LiamoSail wrote: »
    I'm quiet impressed with Eoghan Murphy's comments on Airbnb. Airbnb etc. should not be banned, however it should be limited only to the lister's PPR. That would ensure the numerous landlords currently utilising Airbnb sell or return them to the market as long term lets


    In Dublin it's going to go the way of letting to companies instead of individuals.
    Probably not in the rest of the country though.

    He could solve the whole flight to short term or elsewhere problem by allowing all landlords caught out by the legislation to let at market rate. Then they won't care if it's capped after that. They are the ones leaving.
    After he sorts that out he then needs to look at overholding.


  • Registered Users, Registered Users 2 Posts: 36,434 ✭✭✭✭LuckyLloyd


    Good to see, and absolutely expected.


  • Registered Users, Registered Users 2 Posts: 1,934 ✭✭✭mrslancaster


    LiamoSail wrote: »
    I'm quiet impressed with Eoghan Murphy's comments on Airbnb. Airbnb etc. should not be banned, however it should be limited only to the lister's PPR. That would ensure the numerous landlords currently utilising Airbnb sell or return them to the market as long term lets

    Would it mean that a tenant could not utilise Airbnb?


    Quote
    “ This will take more time to develop. In the meantime, I have instructed my Department to prepare specific guidance and advice for local authorities, which should issue in the coming weeks, to inform their decision-making on planning applications related to short-term lettings.


    Does this mean B&B's with less than 4 rooms will now need planning permission or will that stay as it is?


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    It was from revenue's ebrief on the rent a room provision some Airbnb hosts were using.

    http://www.revenue.ie/en/tax-professionals/ebrief/2015/no-212015.aspx

    Income from the provision of accommodation to occasional visitors for short periods, including, for example, where the accommodation is provided through online accommodation booking sites, does not qualify for relief as the visitors use the accommodation as guest accommodation rather than for residential purposes. Income from guest accommodation that is occasional in nature is taxed as other income (Case IV), or where a trade exists, such as a bed and breakfast or a guesthouse operation, it is treated as trading income (Case 1).

    Late spot; that is in the context of using Airbnb to allow guests to stay in the hike where you live and deals with the fact that the income does not qualify for rent a room relief nor fall into rental income. That is entirely correct; however, the OP is speaking about purchasing a owned bed apartment and letting the whole property on a short term basis. There is no reservation of the property and no suggestions of services akin to a B&B or hotel. It would be DV income.


  • Registered Users, Registered Users 2 Posts: 64 ✭✭subrosa


    Would it mean that a tenant could not utilise Airbnb?

    I'd imagine that a tenant listing a property on AirBnB would fall foul of the usual provision in leases forbidding commercial activity?


  • Closed Accounts Posts: 697 ✭✭✭wordofwarning


    LuckyLloyd wrote: »
    Good to see, and absolutely expected.

    Good to see? Its nice to see this token gesture at solving the housing crisis pleased some...

    A good thing to see would be quicker evictions for non-paying tenants (one of the reasons why people Airbnb). Until the Government do it, there will be minimal desire for landlords to supply more housing.

    Absolutely expected is right. The Government is doing everything in their power to reduce landlords rights and make owning a property as an investment unattractive. Although based on previous posts your issue was with the fact Airbnb tended to be run by non-nationals?

    Are the state going to allow former Airbnb properties enter the long term letting market with an exemption on the rent cap? I can't imagine all the landlord who used Airbnb to deal with the fact they had a significantly below market rate being happy to put on the market for a fraction for its current market rent? I can see a lot of former Airbnbs sitting empty for months until the rent cap is no longer applied to them

    But hey, banning Airbnb is not to solve the housing crisis. It is a quick win for pleasing the ignorant masses who think it will solve the housing crisis...


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    Good to see? Its nice to see this token gesture at solving the housing crisis pleased some...

    A good thing to see would be quicker evictions for non-paying tenants (one of the reasons why people Airbnb). Until the Government do it, there will be minimal desire for landlords to supply more housing.

    Absolutely expected is right. The Government is doing everything in their power to reduce landlords rights and make owning a property as an investment unattractive. Although based on previous posts your issue was with the fact Airbnb tended to be run by non-nationals?

    Are the state going to allow former Airbnb properties enter the long term letting market with an exemption on the rent cap? I can't imagine all the landlord who used Airbnb to deal with the fact they had a significantly below market rate being happy to put on the market for a fraction for its current market rent? I can see a lot of former Airbnbs sitting empty for months until the rent cap is no longer applied to them

    But hey, banning Airbnb is not to solve the housing crisis. It is a quick win for pleasing the ignorant masses who think it will solve the housing crisis...


    Instead of just allowing all landlords to charge market rate they will just try to ban Airbnb. Then after that they will try to make the Airbnb properties go to long term. It won't work. As you said there's a reason they aren't doing long term and went to aribnb.
    Then instead of fixing the problem at source they will just keep bringing new rules and chasing landlords through every loophole. Landlords will do anything not to have to rent below market rate and at the same time be laid bare to all the risks.
    Let them bring their rent to market rate and you will at least get a percentage of them bringing their properties back to the rental market.

    The happiest people will by the hotels if you ban Airbnb.


  • Posts: 0 [Deleted User]


    It wont be banned but will be regulated and different rules might apply in urban areas of high rental demand as opposed to rural tourism.

    People have to be realistic investors hoovering up properties to set up on air bnb in areas of high rental demand the government has to step in some way.


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    mariaalice wrote: »
    It wont be banned but will be regulated and different rules might apply in urban areas of high rental demand as opposed to rural tourism.

    People have to be realistic investors hoovering up properties to set up on air bnb in areas of high rental demand the government has to step in some way.

    Very easy to stop it. Make long term renting more attractive. Landlords don't actually want to be doing Airbnb. They have no choice if they are doing it.


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  • Users Awaiting Email Confirmation Posts: 15,001 ✭✭✭✭Pepe LeFrits


    __..__ wrote: »
    Very easy to stop it. Make long term renting more attractive. Landlords don't actually want to be doing Airbnb. They have no choice if they are doing it.
    Given the number of full-time, airbnb investor vehicles that were available on the site before any rent caps were brought in, I very much doubt that is true.

    A lot of reflexive strawman arguments being offered - nobody is saying that banning investor airbnb lets will solve the housing crisis. No one thing is going to do that. It'll be a positive increment though.


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    Given the number of full-time, airbnb investor vehicles that were available on the site before any rent caps were brought in, I very much doubt that is true.

    A lot of reflexive strawman arguments being offered - nobody is saying that banning investor airbnb lets will solve the housing crisis. No one thing is going to do that. It'll be a positive increment though.

    It's not just rent caps, although they are majorly causing the flight now that are responsible for landlords leaving long term and going to short term.

    You need toprepare people to move from short term.letting to long term and a stick won't do it.


  • Posts: 0 [Deleted User]


    __..__ wrote: »
    Very easy to stop it. Make long term renting more attractive. Landlords don't actually want to be doing Airbnb. They have no choice if they are doing it.

    Its not about stopping it though its about having a balance if long term renting is such a bad investment how come institutional investor are very strong in the Dublin market.


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    mariaalice wrote: »
    Its not about stopping it though its about having a balance if long term renting is such a bad investment how come institutional investor are very strong in the Dublin market.

    It's not a bad investment if you are allowed to do it fairly. One of the many problems is that different groups are treated differently.

    Institutional investors are on a takeover bid. Let's see how that pans out in a few years. Not well for renters or buyers alike would be my guess.


  • Posts: 0 [Deleted User]


    __..__ wrote: »
    It's not a bad investment if you are allowed to do it fairly. One of the many problems is that different groups are treated differently.

    Institutional investors are on a takeover bid. Let's see how that pans out in a few years. Not well for renters or buyers alike would be my guess.

    Curious how are institutional investors treated different that those who might have one investment property.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    mariaalice wrote: »
    Curious how are institutional investors treated different that those who might have one investment property.

    They pay a fraction of the tax for a start which, outside of excessive tenants rights, is probably the most reason property investment is not as profitable as it should be for smaller investors.


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  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    mariaalice wrote: »
    __..__ wrote: »
    It's not a bad investment if you are allowed to do it fairly.  One of the many problems is that different groups are treated differently.

    Institutional investors are on a takeover bid.  Let's see how that pans out in a few years.  Not well for renters or buyers alike would be my guess.

    Curious how are institutional investors treated different that those who might have one investment property.
    I do not know from which world this poster is coming from: if the big guys pay almost no tax and the small guys can pay up to 52% tax, then obviously the big guys have a massive advantage! Again I see a lot of posts without any clue about the market just posting whatever comes to their mind without a minimum level of information. They could simply go and post to the Indo comment section (similar level of knowledge).


  • Registered Users, Registered Users 2 Posts: 118 ✭✭rossmores


    Airbnb is one of many social media platforms and in Dublin city center where the demand is coming from so many directions one can choose 1 week to a couple of months and if a company rents for staff working/studying then that the demand i am choosing to satisfy in this current climate while the minister is using agencies to beat the private rental sector because his department has done nothing.
    For example look at them family hub launched with ministerial fanfare in may supposed to be ready by the summer drove by one 2 weeks ago and looked in one day not much happening i have a look again next year.

    These clowns are start to make the ones who got us into the bail out look good lol


  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    GGTrek wrote: »
    I do not know from which world this poster is coming from: if the big guys pay almost no tax and the small guys can pay up to 52% tax, then obviously the big guys have a massive advantage! Again I see a lot of posts without any clue about the market just posting whatever comes to their mind without a minimum level of information. They could simply go and post to the Indo comment section (similar level of knowledge).

    If you as an individual investor buy shares in IRES do you not pay income tax on dividends at your marginal rate?

    Granted, the likes of Kennedy Wilson and others are using all means of creative accounting and charitable status to pay little or no tax.


  • Posts: 0 [Deleted User]


    GGTrek wrote: »
    I do not know from which world this poster is coming from: if the big guys pay almost no tax and the small guys can pay up to 52% tax, then obviously the big guys have a massive advantage! Again I see a lot of posts without any clue about the market just posting whatever comes to their mind without a minimum level of information. They could simply go and post to the Indo comment section (similar level of knowledge).

    Its a discussion.

    I am interested in the air bnb bit of it.


  • Registered Users, Registered Users 2 Posts: 36,434 ✭✭✭✭LuckyLloyd


    Although based on previous posts your issue was with the fact Airbnb tended to be run by non-nationals?

    ...

    That is completely incorrect, no idea how you reached that conclusion.

    Similarly, the rest of your post is whataboutery. Nobody on this forum who has advocated restriction of AirBnB has posited it as THE solution to the current housing crisis. It is however a positive step that is one of the steps that need to be taken.

    It was also, as I've suggested recently, a logical step for a government who is seeing measures being sidestepped via AirBnB. Presumably FG believe in their approach to rental legislation, hence why they're making sure it has the intended effect.


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    __..__ wrote: »
    Institutional investors are on a takeover bid.
    They have no interest in owning individual properties - only larger developments where there are economies of scale.
    They pay a fraction of the tax for a start
    Not quite true - the fund holders have to pay tax on the dividends or other gains they make.
    the most reason property investment is not as profitable as it should be for smaller investors.
    Nothing to do with buying at the bottom of the market or economies of scale then.


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    Victor wrote: »
    They have no interest in owning individual properties - only larger developments where there are economies of scale.

    Not quite true - the fund holders have to pay tax on the dividends or other gains they make.

    Nothing to do with buying at the bottom of the market or economies of scale then.

    Run around the houses all you like, but
    It's all to do with the rent you get paid and the tax you pay on it. If that's not enough to make it worthwhile it forces you out of the market and into one where you can make the numbers work.
    Hence the flight of private landlords from long term to short term letting. Airbnb is an option, but there are plenty of other options too.

    The stick is not working now and it cannot work. It's making the situation worse actually. Time to start with the carrots.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    The proposal is owners will have to register with the Department of Housing- for an Airbnb licence for each property they own- and they will be subject to numerous terms and conditions (such as:

    Possible list:

    1. C2 Tax clearance cert from all applicants
    2. PPSN
    3. Details of last rental under the terms of the Residential Tenancies Act- the level of rent, and when the tenant vacated the property.
    4. Maximum number of lettings under the Airbnb/Lettings.com etc websites- per annum
    5. No single letting to exceed 30 days duration
    6. Surge pricing (aka increased pricing for specific events- such as concerts, festivals etc) not allowable
    7. Property subject to local authority inspections- with a target to inspect each unit at least annually
    8. All lettings to be declared- airbnb is used as an example of a short term holiday let website- we are aware of 3 other sites in common usage- its probably handier to highlight airbnb for simplicity sake
    9. Owner must ensure they have the requisite local authority permission to let their property on short term lets
    10. In the event of a property being vested in a management company (most apartments are) an owner must ensure they attain the requisite permission of the management company to conduct short term lets of the property.
    11. The property owner is the responsible party for any incidents of antisocial behaviour and/or activities prohibited under Irish law, and must endeavour to ensure such breaches do not occur.

    I.e. it looks like you are going to need property specific licenses- and in the case of apartments- the management company can veto such activities (they'd probably be vetoed as commercial activities?)

    Anyhow- licenses appear to the chosen manner of policing airbnb (and other short term letting websites). Airbnb already liaise with Revenue and give them details of all lettings in this jurisdiction- it would appear other websites will be similarly forced to do likewise.

    Licenses? Not the worst idea ever- implementation will be key.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Where is your quote from?


  • Closed Accounts Posts: 697 ✭✭✭wordofwarning


    LuckyLloyd wrote: »

    Similarly, the rest of your post is whataboutery. Nobody on this forum who has advocated restriction of AirBnB has posited it as THE solution to the current housing crisis. It is however a positive step that is one of the steps that need to be taken.

    Like the way rent control was a positive step to solving the housing crisis? Because we have built hardly any social housing this year. But this quick wins like rent control and banning Airbnb solve nothing, but appease the masses...

    Anything other than building social housing is lip service. But hey, it keeps the ignorant masses happy... "a positive step"...
    LuckyLloyd wrote: »

    It was also, as I've suggested recently, a logical step for a government who is seeing measures being sidestepped via AirBnB. Presumably FG believe in their approach to rental legislation, hence why they're making sure it has the intended effect.

    I have no idea what point you are trying to make here...


  • Registered Users, Registered Users 2 Posts: 1,934 ✭✭✭mrslancaster


    that list looks like every short term let in the country would need a licence the same as a hotel or guest house.

    What about house swaps? or say if someone wanted to rent out a mobile home or their holiday home for a few weeks..or b&b's

    If a property owner was going abroad to work for a few months would they need a licence to rent their apartment or house while away.

    and who would carry out inspections?

    no short lets over 30 days? is this a wind up from Dept Housing


  • Registered Users, Registered Users 2 Posts: 452 ✭✭__..__


    Conductor, that list looks like every short term let in the country would need a licence the same as a hotel or guest house.

    What about house swaps? or say if someone wanted to rent out a mobile home or their holiday home for a few weeks..or b&b's

    If a propert owner was going abroad to work for a few months would they need a licence to rent their apartment or house while away.

    and who would carry out inspections?

    no short lets over 30 days? is this a wind up

    Its to bury you in red tape so that you donate your investment property to long term letting.

    In reality it will just push long term letting underground (there are so many ways they cant possibly think of even a fraction of them), because long term letting is just not viable for a lot of people.

    They would be better off making long term more attractive to landlords than poking them with a big stick every time they want some press.


  • Registered Users, Registered Users 2 Posts: 36,434 ✭✭✭✭LuckyLloyd


    Like the way rent control was a positive step to solving the housing crisis? Because we have built hardly any social housing this year. But this quick wins like rent control and banning Airbnb solve nothing, but appease the masses...

    Anything other than building social housing is lip service. But hey, it keeps the ignorant masses happy... "a positive step"...

    People supporting this measure should also keep pushing for more social housing provision.

    I have no idea what point you are trying to make here...

    Ah you do.

    - FG bring in enhanced tenancy legislation and rental price controls
    - landlords use airbnb to sidestep those measures
    - FG presumably still believe in their legislation
    - it was inevitable therefore that FG would close the loop on airbnb letting through regulation


  • Registered Users, Registered Users 2 Posts: 283 ✭✭TSQ


    gizmo81 wrote: »
    As always there is conflicting information

    Dec 2016 Coveney said


    Landlords are not allowed to use Airbnb for the short-term letting of their properties unless they get planning permission for bed and breakfast or hotel status, Minister for Housing Simon Coveney has confirmed.

    As far as I understand it, you don't need planning permission for B&B if you have 4 guest rooms or less. Lots of B&B, both those under and over 4 bedrooms, already advertise on Airbnb. One guest house I used to stay in regularly is now doing airbnb with a "help yourself" breakfast instead of the traditional Irish breakfast they used to serve. Don't know how Government will be able to discriminate against people letting rooms on Airbnb who are compliant with the planning laws relating to B&Bs.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    that list looks like every short term let in the country would need a licence the same as a hotel or guest house.

    What about house swaps? or say if someone wanted to rent out a mobile home or their holiday home for a few weeks..or b&b's

    If a property owner was going abroad to work for a few months would they need a licence to rent their apartment or house while away.

    and who would carry out inspections?

    no short lets over 30 days? is this a wind up from Dept Housing

    Its no wind up.
    The proposal is that absolutely every property that people propose to let on a secondary market- other than those subject to the Residential Tenancies Act- would have to be licensed. I.e. one license per property.

    It would, presumably, be a Local Authority inspection (B&Bs etc are HSE inspected- which I don't believe would be applicable).

    The manner in which the proposal is currently phrased- would lead one to believe that house swaps would also be included- i.e. money does not necessarily have to change hands........

    Keep in mind- Airbnb and Booking.com have already supplied the address details of all properties in this jurisdiction- to the Revenue Commissioners.


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