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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Thu Oct 25, 2018 3:36 pm 
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Of Systemic Importance

Joined: Nov 4, 2011
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Location: SthDub
Do you need planning permission to be a landlord?


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Thu Oct 25, 2018 4:49 pm 
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Joined: Sep 29, 2010
Posts: 8788
Location: London, innit
FreeFallin wrote:
Do you need planning permission to be a landlord?

If you want to run a glorified youth hostel with you certainly do,

If you run an actual Bed and Breakfast you do

If you ran one of those "StayCity" short term place with reception desk you would

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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Thu Oct 25, 2018 6:44 pm 
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Planning Tribunal Attendee

Joined: Mar 17, 2008
Posts: 1006
FreeFallin wrote:
I'm sure there's a plenty of people out there who believe that they can do what they like (within safety/nuisance boundaries) with a property asset they own/bought and cannot be dictated to on the T's & C's by the Government of the day

I think you'll find that there is a right (not sure if it's constitutional or not) to the "enjoyment of your home" - so for the vast percentage of home owners who are not letting their homes on airbnb that right will supercede that of your airbnb letting neighbour to have people coming and going at all hours from the house next door.

The reason for putting this in legislation is to give people who live next to an airbnb a mechanism to a) make sure the length of time they are subject to the nuisance is reduced and b) allow them to complain about nuisance without having to take a civil case.

I think you're right that someone will take a constitutional case - but it doesn't have any chance of succeeding.

To be honest I think the legislation is sensible and clear. I would have preferred 50 days or less rather than 90. I hope Murphy has the guts to push this through. I would have preferred to see an end to builder handouts and a punitive tax on land hoarding before this but at least it is a step down the road and was easy to do as it it is pretty much of copy of legislation existing in other countries. I have a very poor view of Murphy so I'm pretty sure this wasn't his idea and I'm sure the AirGombeen TDs will be round his office this evening barking at the door.

Airbnb cannot complain as it does not prevent the business model that they are supposedly supporting - part time sharing of unused space in peoples houses at low cost in a spirit of trust. House swaps existed long before Airbnb - the only difference is that now a big rapacious tech company takes a big slice of money out of the people who provide it and who use it, and then seem to be able to choose whether they pay any tax on the profits.


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Thu Oct 25, 2018 9:45 pm 
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Under CAB Investigation

Joined: Apr 9, 2014
Posts: 2126
slasher wrote:
FreeFallin wrote:
I'm sure there's a plenty of people out there who believe that they can do what they like (within safety/nuisance boundaries) with a property asset they own/bought and cannot be dictated to on the T's & C's by the Government of the day



Ever heard of planning permission?
Yo can't start a Bed and Breakfast/beauty parlour/solicitors practice in a house without it

Quote:
Under the new restrictions, owners of buy-to-let properties will have to get planning permission from local councils if they want to use their second homes or apartments for short-term lets, for more than three months every year.

Planning permission is not rectroactive.


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Fri Oct 26, 2018 11:00 am 
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Location: Cork and Kerry
Luan wrote:
Planning permission is not rectroactive.


In the context of this recent proposal can you please explain the meaning and applicability of what you have mentioned above?

_________________
There is a reality other than the one we are told about...


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Fri Oct 26, 2018 4:51 pm 
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Posts: 2126
wii4miinow wrote:
Luan wrote:
Planning permission is not rectroactive.


In the context of this recent proposal can you please explain the meaning and applicability of what you have mentioned above?

There is an argument that somebody who is currently carrying out Airbnb would not be subject to this new planning requirement e.g. pre-63 developments don’t require planning permission - because they were developed before the introduction of planning law.


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Fri Oct 26, 2018 5:49 pm 
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Joined: Sep 29, 2010
Posts: 8788
Location: London, innit
Luan wrote:
wii4miinow wrote:
Luan wrote:
Planning permission is not rectroactive.


In the context of this recent proposal can you please explain the meaning and applicability of what you have mentioned above?

There is an argument that somebody who is currently carrying out Airbnb would not be subject to this new planning requirement e.g. pre-63 developments don’t require planning permission - because they were developed before the introduction of planning law.

AFAIK section 63 was an explicit carve out for "political" reasons (Fianna Fail shtyle)


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Fri Oct 26, 2018 10:13 pm 
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First Time Buyer

Joined: Jul 24, 2018
Posts: 99
slasher wrote:
Luan wrote:
wii4miinow wrote:
Luan wrote:
Planning permission is not rectroactive.


In the context of this recent proposal can you please explain the meaning and applicability of what you have mentioned above?

There is an argument that somebody who is currently carrying out Airbnb would not be subject to this new planning requirement e.g. pre-63 developments don’t require planning permission - because they were developed before the introduction of planning law.

AFAIK section 63 was an explicit carve out for "political" reasons (Fianna Fail shtyle)

Pre 63 is pre 1963, first planning law in Ireland. No planning required before that so no requirement for', planning'


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Sat Oct 27, 2018 5:14 am 
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Joined: Sep 29, 2010
Posts: 8788
Location: London, innit
Sorry, meant pre-63 but I never realized there was no Planning system before then!!


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 Post subject: Re: AirBnB planning permission Dublin?
PostPosted: Sat Oct 27, 2018 11:01 am 
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Joined: Apr 9, 2014
Posts: 2126
slasher wrote:
Sorry, meant pre-63 but I never realized there was no Planning system before then!!

Back in the good old days you used to apply directly to the minister


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