Mick Wallace (Wexford, Independent)
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475. To ask the Minister for Housing, Planning, Community and Local Government if he will consider the necessity for fire safety certificates for a company's properties (details supplied). [41457/16]

Damien English (Meath West, Fine Gael)
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The statutory requirements in relation to Fire Safety Certificates are set out in the Building Control Act 1990, as amended by Part 2 of the Building Control Act 2007, and in regulations made thereunder. A Fire Safety Certificate is generally required before construction work is commenced in the case of a new apartment block, a new building other than a dwelling or an existing building other than a dwelling undergoing an extension, a material alteration or a material change of use. A building used as a dwelling other than a flat is, inter alia, exempted from the requirement to obtain a Fire Safety Certificate.

In the specific case referred to by the Deputy, it is important to note that the properties in question are privately owned dwellings rented on a short term basis via a commercial website platform. They are not owned by the company.

Furthermore in the recent determination by An Bord Pleanála in relation to a particular case (reference number RL3490) – where it was found that the exclusive use of a residential apartment for short term holiday lettings is considered to be development under the Planning and Development Act 2000 and is not exempted development therefore requiring planning permission for a material change of use - the Bord made its determination pursuant to the Planning and Development Act 2000 and did not consider the Building Control Acts which govern the statutory requirements in relation to Fire Safety Certificates.

However, with a view to providing full clarity regarding the appropriate regulatory approach to be adopted by relevant statutory authorities in relation to short term tourism-related lettings, and as provided for in the recently published Rental Strategyunder the Rebuilding Ireland Action Plan, my Department intends to establish a working group comprising representatives of relevant stakeholders i.e. local authorities, relevant Departments, public bodies and other interests in the area, to consider the issues involved and report by end Q2 2017.