Under legislation approved by the Scottish Parliament on 19 January 2022, Scottish Councils are required to establish a short-term lets licensing scheme by 1 October 2022.
Existing hosts and operators will have until 1 April 2023 to apply for a licence. With a requirement for all hosts and operators to have a licence by 1 July 2024.
Planning Permission for short term lets
Changing the use of a dwellinghouse to provide short-term let may constitute a material change of use requiring planning permission. Whether a consent should be sought will depend upon the circumstances and factors which apply to each case. Designation of an area of control also affects the way that planning legislation applies to change of use of a dwellinghouse.
The likelihood of a flat requiring a change of use is increased as the impact on neighbouring amenity is likely to be greater in a tenement, apartment building or similar, where stone or equivalent hard surfaces may amplify noises and cause echo. The greater the impact, the more weight might be expected to be given to it.
There may be an alternative strategy to seeking planning permission if the property has operated as a short term let for more than 10 years.
Want to find out on how we can assist with short-term let planning related matters get in touch.
Mandatory Conditions for Short Term Lets
When applying for a license there is a requirement to meet ‘mandatory conditions’ that apply to the whole of Scotland as well as ‘additional conditions’ that may be set by each licensing authority.
Responsibility for the property
General safety and standards
General safety Occupancy Repairing standard
Fire safety: premises
Fire safety: furniture and furnishings
Electrical safety inspection
Electrical Installation Condition Report
Portable Appliance Testing Report
Legionella risk assessment
Information for guests
Listings: licence number
Listings: EPC rating (if relevant)
Public liability insurance