Planning and Development, Maritime and Valuation (Amendment) Act 2022
Amendment of section 3A of Principal Act
3. Section 3A of the Principal Act is amended—
(a) by the insertion of the following subsections after subsection (1):
“(1A) A person shall not, during the relevant period, advertise or cause the advertisement of a relevant property for short term letting purposes, or enter into any arrangement in respect of a relevant property for short term letting purposes, unless the use of the relevant property for those purposes—
(a) is in accordance with a permission granted under Part III, or
(b) is exempted development for the purposes of this Act.
(1B) A person who contravenes subsection (1A) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.
(1C) A person shall be deemed not to have contravened subsection (1A) in respect of a relevant property if the person produces proof, provided by a planning authority in accordance with regulations made under subsection (2), of the matters set out in paragraphs (a) or (b) of that subsection in respect of the relevant property.
(1D) The relevant period may, by order of the Minister made before the expiry of that period, be extended for such period (being a period not exceeding 6 months) as is specified in the order.
(1E) An order under subsection (1D) shall be made by the Minister where he or she is satisfied that it is necessary in order to address an acute shortage of rental accommodation (other than for short term letting purposes) in rent pressure zones.
(1F) An order under subsection (1D) shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.”,
(b) by the substitution of the following subsection for subsection (2):
“(2) For the purposes of this section, the Minister may make regulations—
(a) requiring such persons as are specified in the regulations to provide a planning authority with such information as may be specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority, and
(b) requiring a planning authority to provide to such persons as are specified in the regulations such proof of the matters set out in paragraph (a) or (b) of subsection (1A) in respect of a relevant property as may be specified in the regulations.”,
(c) by the insertion of the following definitions in subsection (5):
“ ‘relevant period’ means the period of 6 months commencing on the day following the commencement of section 3 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022;
‘relevant property’ means a house or part of a house that is not a principal private residence and is located in a rent pressure zone.”.
Modifications (not altering text):
Section deemed not to have commenced on enactment as provided (13.10.2022) by European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022), art. 3.
3. Section 3 of the Act of 2022 is deemed not to have come into operation on the date of passing of that Act and shall not come into operation until provided for pursuant to any Act or statutory instrument.