Owners of an apartment in Dublin's Temple Bar, listed on holiday accommodation website Airbnb, must have planning permission to use the property for short-term letting Dublin City Council has ruled.

However, the council said the ruling was “site specific” and could not be taken to apply to all Airbnb rentals. A group called the Temple Bar Residents sought a declaration from the council that use of the two-bed apartment on Crown Alley for holiday lets was not exempt from planning permission.

The apartment, above a coffee shop near Temple Bar Square, was offered for sale earlier this year at €425,000.

The sales brochure said it was rented out on Airbnb with a 90 per cent occupancy and had earned €79,000 in rent last year. The council said use of the apartment for short-term letting was a “material change of use” under the Planning Act 2000 “having regard to its character and its material impacts on the proper planning and sustainable development of the area”. As such it was not exempt from planning permission.

Appeal

The owners of the apartment may appeal the decision to

An Bord Pleanála

. If there is no appeal, or if the board upheld the council’s decision on appeal, the next step would be to take enforcement proceedings against the apartment owners, if they continue to use the apartment for short-term letting without planning permission.

“The declaration is site specific and relates to this particular instance in which it was assessed that continuing short- term letting was contrary to the original planning permission. It cannot be extrapolated that this is determining policy in relation to Airbnb throughout the city,” the council said.

If there were other complaints they would also be investigated on their merits the council said. Airbnb advises property owners they may need planning permission and should check with local authorities. Bed and breakfast providers also need planning permission if they have more that four bedrooms.