Denis Naughten (Roscommon-Galway, Independent)
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238. To ask the Minister for Housing, Planning, and Local Government if he will review the policy whereby the HAP payment cannot be paid to families lucky enough to secure a holiday home to rent where the planning conditions prohibit semi-permanent occupancy, or where the rental is not solely for the purposes incidental to holiday homes; and if he will make a statement on the matter. [51011/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.

The HAP scheme is legislated for under Part 4 of the Housing (Miscellaneous Provisions) Act 2014. Consistent with the provisions in section 46 of the 2014 Act, once approved for HAP, the local authority will expect the HAP tenant to stay in the same property for at least two years.

Under the Planning and Development Act, 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. In some cases, when the initial planning permission for a holiday home is sought, planning authorities have additionally specified by way of planning condition (such as an occupancy clause) that such holiday homes cannot be used for permanent residential purposes. It is considered that a change of use of a holiday home to a place of permanent residence would be a material change of use requiring planning permission.

If the owner of a holiday home wishes for the premises to be used as place of permanent residence, then they may lodge a planning application to the relevant planning authority for a change of use from holiday home to residential use. It is a matter for the planning authority to decide such applications on a case by case basis.

Decisions in relation to HAP, including the suitability of HAP accommodation, is a matter for the local authority concerned.