Bray, Ireland Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Bray, Ireland?

Short-term rentals through booking platforms like Airbnb and VRBO have become increasingly popular in Bray and throughout Ireland in recent years. However, there are various regulations and restrictions hosts need to be aware of when renting out properties on a short-term basis.

Starting a Short-Term Rental Business in Bray

To start offering short-term rentals in Bray, property owners first need to ensure they have the proper planning permission. Bray is located in a designated Rent Pressure Zone (RPZ), where rents cannot increase by more than 4% annually. In RPZs, short-term letting is defined as renting out a property or room for periods of less than 14 days at a time.

If the rental property is not the owner's primary residence, they are no longer permitted to offer short-term lets unless the property already has permission for this specific use. Renting in this manner is considered a "material change" that requires planning approval. However, the Minister for Housing has indicated it is unlikely such permission would be granted in high-demand areas.

For a property that is the owner's primary residence, they can rent out individual rooms short-term without restriction. The entire property can also be let for up to 90 days per year while the owner is temporarily absent. Exceeding the 90 day limit requires planning permission.

Wicklow County Council is responsible for enforcing these standards through inspections, both proactively and in response to complaints. Landlords found in violation can face fines up to €5,000 and/or 6 months imprisonment.

Some Bray residents have expressed frustration with short-term rentals reducing long-term housing supply. One property listed on both Daft.ie and Airbnb for €1,155 per week drew criticism on Reddit, with commenters alleging the owners likely lacked the required planning permission. The listing was reported to the council.

To avoid issues, Bray hosts need to carefully review the regulations, obtain permission if required, and ensure their properties meet minimum rental standards. A new registration system for short-term lets is also being developed, which will prohibit advertising unregistered properties on sites like Airbnb starting in late 2024.

While restrictions aim to increase long-term rentals, a total ban could drive some landlords out of the market rather than converting short-term listings to permanent tenancies. Striking the right regulatory balance remains an ongoing challenge as Bray and other Irish cities grapple with housing shortages.

Short-Term Rental Licensing Requirements in Bray, Ireland

Property owners in Bray who wish to offer short-term rentals must ensure they have the proper planning permission and meet all licensing requirements. Short-term letting is defined as renting out a property or room for periods of less than 14 days at a time.

To legally operate a short-term rental in Bray, hosts need to:

• Determine if their property is located in a Rent Pressure Zone (RPZ). Bray is currently designated as an RPZ.
• Obtain planning permission from Wicklow County Council if the rental property is not their primary residence. In RPZs, using a non-primary residence for short-term lets is considered a "material change" requiring approval, which is unlikely to be granted in high-demand areas.
• For a primary residence, hosts can rent individual rooms short-term without restriction. The entire property can be let for up to 90 days per year while the owner is temporarily absent. Exceeding the 90-day limit requires planning permission.
• Register with the upcoming short-term letting registration system being developed by Fáilte Ireland. Starting in late 2024, all short-term rental properties will need to be registered in order to be advertised on platforms like Airbnb. Registration will involve providing host and property details, confirming planning permission status, and paying a fee.
• Ensure the property meets minimum rental standards as outlined in the Housing Regulations 2019. This includes maintaining the dwelling in a proper state of structural repair, providing adequate ventilation, lighting, and safe electricity/gas supplies. Wicklow County Council is responsible for inspecting properties and enforcing these standards.

To apply for planning permission, hosts need to submit an application to:

Wicklow County Council Planning Department
County Buildings
Whitegates
Wicklow Town
Co. Wicklow
A67 FW96

The application fee for changing the use of a property is €3,500. The review process typically takes 8 weeks, during which time the public can submit comments or objections.

Failure to comply with the short-term rental regulations can result in significant penalties. Operating without required planning permission is an offense under the Planning and Development Act 2000. Fines can reach €5,000 and/or 6 months imprisonment.

The upcoming registration legislation will prohibit advertising unregistered short-term rentals, with potential €5,000 fines for non-compliance. Providing an invalid Fáilte Ireland registration number may incur an additional €300 penalty.

It's crucial for Bray hosts to carefully review all short-term rental requirements to avoid enforcement action. By obtaining proper permissions, registering when the system launches, and ensuring their property meets minimum standards, owners can legally capitalize on the area's strong tourism demand. However, the stringent rules in rent pressure zones may make it infeasible to pursue short-term lets with non-primary residences.

Required Documents for Bray, Ireland Short-Term Rentals

To legally operate a short-term rental in Bray, property owners need to ensure they have the proper documentation and meet all licensing requirements. The specific documents required depend on the property type and usage:

Planning Permission - If the rental property is not the owner's primary residence, or if renting out their entire primary residence for more than 90 days per year, planning permission from Wicklow County Council is required. The application fee is €3,500.

Exemption Registration Forms - For primary residences exempt from planning permission, owners still need to register with the local authority:

1. Form 15 (Start of Year Notification) - Submit within 4 weeks of the start of each year
2. Form 16 (90 Day Threshold Notification) - Submit within 2 weeks of reaching the 90 day limit
3. Form 17 (End of Year Notification) - Submit between January 1-28 after the rental year
4. Proof of Primary Residence - Documentation confirming the rental property is the owner's main home

Fáilte Ireland Registration (Upcoming Requirement) - Starting in late 2024, all short-term rental properties will need to register with Fáilte Ireland's new registration system. Hosts will receive a registration number required to advertise their property. Registration involves providing host and property details, confirming planning permission status, and paying a fee.

Fire Safety Certificate - Properties may require a fire safety certificate from a qualified professional certifying the dwelling meets fire safety requirements.

Building Energy Rating (BER) - A BER certificate indicating the property's energy performance on a scale of A-G must be obtained from a registered BER assessor.

In addition to these documents, short-term rental properties must meet minimum standards for structural integrity, sanitation, ventilation, heating, and more as outlined in the Housing Regulations 2019. Wicklow County Council is responsible for inspections and enforcement.

Failure to comply with short-term letting regulations is an offense under the Planning and Development Act 2000. Operating without required planning permission can result in fines up to €5,000 and/or 6 months imprisonment. Providing an invalid Fáilte Ireland registration number may incur a €300 penalty.

Bray hosts should carefully review all requirements and obtain the necessary documents to ensure compliance. By securing planning permission, registering exemptions, obtaining a Fáilte Ireland number when available, and meeting minimum standards, owners can legally operate short-term rentals. However, the stringent rules may make it infeasible to pursue short-term lets with non-primary residences in the area.

Bray, Ireland Short-Term Rental Taxes

When operating a short-term rental business in Bray, Ireland, it's crucial to understand the various taxes that apply to your income. The primary taxes you'll need to consider are income tax, Universal Social Charge (USC), and potentially Value Added Tax (VAT).

Income Tax

Income earned from short-term rentals in Bray is considered trading income for tax purposes, rather than rental income. The tax rate on this income depends on your total earnings:

1. Income up to €40,000 is taxed at 20%
2. Income above €40,000 is taxed at 40%

You'll need to declare your short-term rental income on your annual Income Tax Return, either using Form 12 if you're a PAYE taxpayer or Form 11 if you're self-employed or have other income sources.

Universal Social Charge (USC)

In addition to income tax, you'll also need to pay the Universal Social Charge on your short-term rental income. USC rates for 2024 are:

1. 0.5% on income up to €12,012
2. 2% on income between €12,013 and €22,920
3. 4.5% on income between €22,921 and €70,044
4. 8% on income above €70,044

Value Added Tax (VAT)

If your short-term rental income exceeds €40,000 per year and you're a tax resident in Ireland, you must register for and charge VAT at a rate of 13.5%. Non-resident landlords are required to register and charge VAT on all income, regardless of the threshold.

Deductions and Write-Offs

To reduce your taxable income from short-term rentals, you can claim various deductions for expenses wholly and exclusively related to your rental business. These may include:

1. Depreciation on appliances, furnishings, and property improvements
2. Cleaning costs and supplies
3. Utilities (electricity, gas, water)
4. Property repairs and maintenance
5. Marketing and advertising expenses
6. Accounting and legal fees
7. Mortgage interest
8. Property taxes

Keeping accurate records of all income and expenses is essential for claiming deductions and ensuring compliance with tax laws.

It's important to note that as a short-term rental host, you won't be eligible for certain tax breaks available to long-term landlords, such as the €600 tax relief introduced in 2024 (increasing to €1,000 by 2026).

Consult with a qualified tax professional or accountant to ensure you're meeting all your tax obligations and maximizing deductions for your short-term rental business in Bray, Ireland.

Ireland-Wide Short-Term Rental Rules

In addition to local regulations in Bray, short-term rental hosts must also comply with Ireland's national laws and upcoming changes. These rules aim to balance the needs of local housing markets with the growth of home-sharing platforms.

Planning Permission Requirements

Under current national regulations, properties in Rent Pressure Zones (RPZs) like Bray may require planning permission for short-term lets. If a property is not the host's primary residence, it cannot be used for short-term rentals without approval. Renting in this manner is considered a "material change" in use. However, the Minister for Housing has indicated such permission is unlikely to be granted in high-demand areas.

For primary residences in RPZs, hosts can rent individual rooms short-term without restriction. The entire property can be let for up to 90 days per year while the owner is temporarily absent. Exceeding the 90-day limit requires planning permission.

Upcoming Registration System

In late 2024, Ireland plans to launch a new registration system for short-term lets. Under this system, all short-term rental properties will need to register annually with Fáilte Ireland. Hosts will receive a registration number required to advertise their listing.

Registration will involve providing host and property details, confirming planning permission status, and paying a fee. The goal is to improve transparency and help local authorities identify illegal rentals.

Once the system is active, booking platforms like Airbnb will be prohibited from listing unregistered short-term rentals in Ireland. Hosts providing an invalid registration number may face penalties of up to €5,000.

Taxation

Income from short-term rentals is subject to income tax, Universal Social Charge (USC), and potentially Value-Added Tax (VAT). Rental earnings are considered trading income rather than rental income for tax purposes.

Hosts must declare short-term letting income on their annual tax returns. Various expenses can be deducted, such as depreciation, utilities, and cleaning costs. However, some tax breaks available to long-term landlords do not apply to short-term arrangements.

Does Bray, Ireland Strictly Enforce STR Rules?

Based on discussions in online forums like Reddit and Bigger Pockets, it appears that Bray and Wicklow County do make efforts to enforce short-term rental regulations, though some hosts still operate in violation of the rules.

Wicklow County Council, which Bray falls under, has a dedicated webpage outlining the planning legislation around short-term lettings. The council notes they are responsible for enforcement through inspections, both proactively and in response to complaints. Fines for non-compliance can reach €5,000 and/or 6 months imprisonment.

One Reddit user shared an example of a Bray Airbnb listing charging €1,155 per week that they suspected lacked proper planning permission. The user reported the listing to the Wicklow County Council and encouraged others to do the same. This suggests there is some public awareness and willingness to report potential violations to authorities.

Compared to major cities like Dublin that have seen a large number of entire home listings removed, Bray seems to have a fairly active short-term rental scene still. But the town is likely less of a target for rigorous enforcement than the capital.

Overall, while Wicklow County appears to have a framework in place to regulate short-term rentals with active enforcement mechanisms, the practice still seems to continue in Bray to some extent as it does in many Irish cities and towns. Hosts should be aware of the rules and risks, but may look to the existing market as an indicator that STRs can still operate, though not with guaranteed immunity from penalties. Bray is not as "Airbnb friendly" from a regulatory perspective as some destinations, but also not the most hostile environment for hosts currently.

How to Start a Short-Term Rental Business in Bray, Ireland

Starting a short-term rental business in Bray, Ireland requires careful planning and adherence to local and national regulations. Below are the steps you need to follow to ensure your business is compliant and successful:

Determine Your Property's Eligibility

• Verify if your property is located in a Rent Pressure Zone (RPZ). Bray is currently designated as an RPZ, which affects the regulations you must follow.
• Decide if your property will be your primary residence or a secondary property. Different rules apply based on this distinction.

Obtain Planning Permission

• If your property is not your primary residence, you will need planning permission to operate it as a short-term rental.
• For primary residences, you can rent out individual rooms without restriction. If you plan to rent the entire property for more than 90 days per year, you will need planning permission.
• Submit your planning permission application to Wicklow County Council, along with the €3,500 fee. The process typically takes 8 weeks.

Register with Fáilte Ireland

• Starting in late 2024, all short-term rental properties must be registered with Fáilte Ireland’s Short Term Tourist Letting Register.
• Provide host and property details, confirm planning permission status, and pay the registration fee.
• Obtain a registration number, which is required to list your property on booking platforms like Airbnb.

Ensure Compliance with Minimum Standards

• Your property must meet the minimum standards set out in the Housing (Standards for Rented Houses) Regulations 2019.
• Ensure the property is in good structural repair, has adequate ventilation, lighting, and safe electricity/gas supplies.
• Wicklow County Council conducts inspections to enforce these standards.

Prepare Required Documents

• Gather all necessary documents including planning permission, Fáilte Ireland registration, fire safety certificate, and Building Energy Rating (BER) certificate.
• Keep records of all income and expenses related to your short-term rental business for tax purposes.

Understand Tax Obligations

1. Declare your short-term rental income on your annual tax return. This income is subject to income tax, Universal Social Charge (USC), and potentially VAT if your earnings exceed €40,000 per year.
2. Claim allowable deductions for expenses such as utilities, cleaning, and maintenance to reduce your taxable income.

List Your Property

1. Once registered and compliant with all regulations, list your property on short-term rental platforms like Airbnb and VRBO.
2. Use professional photos and detailed descriptions to attract guests.

Manage Your Property

1. Provide excellent customer service to ensure positive reviews and repeat bookings.
2. Regularly inspect and maintain your property to meet safety and quality standards.

Tips for Success

1. Stay Informed: Regulations can change, so stay updated on local and national laws affecting short-term rentals.
2. Engage with the Community: Join local forums and groups for short-term rental hosts to share experiences and tips.
3. Hire Professionals: Consider hiring a property manager or accountant to handle day-to-day operations and financial matters.

By following these steps and staying compliant with regulations, you can successfully start and manage a short-term rental business in Bray, Ireland.

Who to Contact in Bray, Ireland about Short-Term Rental Regulations and Zoning?

For those looking to navigate the short-term rental regulations and zoning in Bray, Ireland, several key contacts and resources can provide valuable assistance. Below is a comprehensive list of who to reach out to for guidance and support.

Wicklow County Council Planning Department

• Phone: 0404 20148
• Email: Plandev@wicklowcoco.ie
• Address: County Buildings, Whitegates, Wicklow Town, Co. Wicklow, A67 FW96
• Website: Wicklow County Council

The Planning Department is your primary contact for obtaining planning permission and understanding zoning laws related to short-term rentals in Bray. They can provide detailed information on the application process, fees, and required documentation.

Bray Municipal District Office

• Phone: (01) 274 4900
• Email: BrayMD@wicklowcoco.ie
• Address: Civic Offices, Main Street, Bray, Co. Wicklow, A98 A9X9
• Website: Bray Municipal District

For more localized inquiries, the Bray Municipal District Office can offer specific guidance on short-term rental regulations within Bray itself. They handle local enforcement and can provide information on any community-specific requirements or initiatives.

Wicklow Local Enterprise Office

• Phone: 0404 30800
• Email: enterprise@leo.wicklowcoco.ie
• Website: Local Enterprise Office

The Local Enterprise Office can assist with business-related queries, including support for starting and managing a short-term rental business. They offer resources such as training, mentoring, and funding opportunities.

Citizens Information Phone Service

• Phone: 0818 07 4000 (Monday to Friday, 9am to 8pm)
• Website: Citizens Information

Citizens Information provides comprehensive guidance on a wide range of topics, including short-term rental regulations, tax obligations, and planning permissions. They can help clarify any legal requirements and provide support for navigating the regulatory landscape.

Community and Online Forums

Engaging with community groups and online forums can be incredibly beneficial for short-term rental hosts. Here are some recommended forums and groups:

Airbnb Community

This official forum is ideal for Airbnb hosts to discuss issues, share tips, and find solutions to common problems.

Bigger Pockets Forum

This forum is great for discussing legal questions, marketing strategies, and other topics related to short-term rentals.

Short Term Rental University (Facebook Group)

This group, founded by industry expert Richard Fertig, offers a large community of hosts who share insights and advice.

Lay My Hat Forum

This forum is organized by location, making it easy to find relevant information for Bray and other areas in Ireland.

By reaching out to these contacts and engaging with these communities, you can ensure that your short-term rental business in Bray is compliant with all regulations and set up for success.

What Do Airbnb Hosts in Bray, Ireland on Reddit and Bigger Pockets Think about Local Regulations?

Airbnb hosts in Bray, Ireland have shared a variety of experiences and opinions about local regulations on platforms like Reddit and Bigger Pockets. Here are some real-life stories and insights from these communities:

Frustration with High Rental Prices and Planning Permission:

In a Reddit thread discussing a Bray rental listed at €1,155 per week, users expressed disbelief at the high price and questioned the legality of such listings. One user noted, "Definitely seems like this breaks planning legislation if they weren't built for short-term lettings" and shared a link to report the listing to Wicklow County Council. This highlights the community's awareness and concern about compliance with local regulations.

Enforcement and Public Reporting:

Another user in the same thread encouraged others to report non-compliant short-term rentals, indicating a proactive stance among residents: "Ratted them out to Wicklow Co. Co. Would encourage others to do the same". This suggests that while some hosts may operate without proper permissions, there is also a vigilant public willing to report violations.

Debate on the Impact of Airbnb on Housing:

In a broader discussion about the impact of Airbnb on Ireland's housing market, one Reddit user argued that stricter enforcement of existing laws could help ease housing shortages. They stated, "The government still needs to take action by enforcing existing laws and maybe adding further restrictions". This reflects a common sentiment that better enforcement could alleviate some of the housing issues exacerbated by short-term rentals.

Navigating Legal Complexities:

On Bigger Pockets, a user inquired about operating an Airbnb in Ireland through a U.S.-registered LLC. They asked, "Can I operate an Airbnb in Ireland with an LLC registered in the US? Is there any reason I might want to register the LLC in Ireland instead?". This question underscores the complexities international hosts face in complying with local regulations and the need for thorough research into Ireland's specific legal requirements.

Concerns about Compliance and Profitability:

Another discussion on Bigger Pockets highlighted concerns about the profitability of short-term rentals given the regulatory landscape. One user noted that strict regulations and the need for planning permission could deter potential hosts from entering the market, thus impacting the supply of short-term rentals.

Summary of Host Opinions

Based on these discussions, it is clear that Airbnb hosts in Bray, Ireland face a mixed regulatory environment:

Enforcement: There is active enforcement by local authorities, with residents encouraged to report non-compliant listings. This creates a cautious atmosphere for hosts who must ensure they meet all legal requirements.

Community Vigilance: The local community is vigilant about reporting short-term rentals that may violate planning laws, suggesting a high level of public awareness and concern about the impact of these rentals on housing availability.

Regulatory Complexity: Hosts, especially those from abroad, find navigating Ireland's legal landscape challenging. Questions about the need for local LLC registration and compliance with planning permissions are common.

Market Impact: While there is potential for profitability, the stringent regulations and active enforcement may deter some hosts, potentially reducing the number of short-term rentals available in Bray.

Overall, while Bray is not the most "Airbnb friendly" location due to strict regulations and vigilant enforcement, hosts can still operate successfully by adhering to the rules and staying informed about local requirements.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.