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Govt can move ahead with short-term let register following EU decision

The Department of Tourism “can move ahead” with its legislation, it confirmed.

LAST UPDATE | 16 Nov 2023

AN EU-WIDE DATA-SHARING scheme for Airbnb and similar short-term rentals has been agreed to help crack down on illegal short-term lets.

The provisional deal reached between EU member countries and the European Parliament aims to harmonise registration for properties used for Airbnb-style rentals across the bloc and their hosts.

The Department of Housing confirmed this evening that this means the Department of Tourism can “move ahead with its legislation providing for the establishment of a short term letting register to be operated by Failte Ireland”.

According to a statement from the European Council, big online platforms would have to provide monthly activity reports to national authorities while small ones would have to do so every three months.

The agreement also includes the creation of an easy-to-use registration system with common provisions for establishing registration procedures.

Online platforms will have to ensure that a host’s registration number enables users to identify the property on the listing and that the information provided is reliable and complete.

Platforms will have to make “reasonable efforts” to conduct random checks on this information and authorities can suspend registration numbers, ask platforms to remove illegal listings, or impose penalties on non-compliant platforms or hosts.

The deal, which still needs to be formally adopted by the European Council and the European Parliament, arose from friction caused by the short-term tourist rental market removing long-term rental properties from markets in cities used by residents.

In a bid to curtail the problem, Paris and Amsterdam have introduced annual caps on the number of rental nights that can be advertised on Airbnb, while Barcelona has banned Airbnb.

Other cities around the world have also clamped down on the short-term rentals, with New York in September imposing a 30-day rental limit per year on such activity.

Ireland also moved to impose new regulations, but the plan was halted by the EU. 

However, a spokesperson for the Department of Tourism told The Journal this evening that it will “engage further” with the Commission in relation to the alignment of the state’s proposed Bill and the European proposal, once adopted.

The spokesperson added there will be “further technical meetings concerning the implementation of this new regulation”.

At the end of last year, a new short-term let register was approved by the government with expectations it could bring thousands of properties back into the market.

Under the plan, properties advertised for short-term letting via online platforms, such as Airbnb, will be obliged to have a valid registration number with Fáilte Ireland.

Any host offering accommodation for periods of up to and including 21 nights will need to be registered.

Property owners will have to register via the online portal, input their details and confirm they have planning permission, where applicable.

Before advertising properties, booking platforms will be obliged to only advertise properties with a valid Fáilte Ireland registration number.

The register was one of the pillars in the government’s action plan to increase housing supply.

EU Commission delay

The bill, to allow for the new register, was submitted to the EU Commission on 21 December as required under an EU Directive. 

Such a notification triggers a standstill period of three months during which the proposed Bill cannot be enacted, however the EU Commission extended the period until 22 December 2023.

Housing Minister Darragh O’Brien told The Journal this month that he was disappointed with the delays, stating that he plans to meet with the Commission next month on the isuse.

Reacting to the EU decision, Derek Nolan, Head of Public Policy for Ireland at Airbnb said:

“Airbnb provides authentic and affordable stays for guests in Ireland and drives economic benefits for local Irish families and their communities by generating employment and dispersing tourism across the country.

“We welcome the progress on EU-wide rules for short term rentals, and support the introduction of a national register in Ireland in line with EU law.

“At the same time we are actively working with the government and industry stakeholders to establish clear planning rules that protect Ireland’s tourism economy, address housing concerns, and support everyday families who host.”

Nathan Blecharczyk, Co-Founder and Chief Strategy Officer at Airbnb welcomed the progress made and wrote to European policy makers. You can see the full letter here.

Airbnb has said it believes all short-term lets should be registered in Ireland, adding that it supports the introduction of clear, simple and harmonised rules.

The Journal has asked the Department of Housing for comment on the short-term accommodation agreement.

With reporting by © AFP

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