SHORT TERM LETS IN SCOTLAND: LOCATION, VACATION, REGULATION Handy guide
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SHORT TERM LETS IN SCOTLAND: LOCATION, VACATION, REGULATION Handy guide
In April 2021,
the number of appeals
involving short term
lets to have been
considered by the
Scottish Ministers
stood at 26, 18 of which
related to properties
in Edinburgh.
Do you have a property that you currently let out
on a short term basis? Do you intend to do this in the
future? If the answer to either of these questions is ‘yes’
then you need to understand the rules and regulations
that are coming. The new system may effectively
operate on a ‘fastest finger first’ basis, so the key is to
act swiftly. Brodies’ Planning Law Team is here to help.
Short term lets are not a new If the legislation is passed: change of use of the dwelling
phenomenon in Scotland. The house and so require planning
business of renting self-catering • local authorities will have until permission. For now, there are no
holiday accommodation has 1 October 2022 to establish a areas in Scotland designated as
been a popular and thriving licensing scheme for their area; short term let control areas but
industry for decades. the Scottish Government has
• existing operators will have just published a planning
until 1 April 2023 to apply for
With the rise of platforms such circular to provide guidance for
a licence; and
as Airbnb and Booking.com, and planning authorities on how to
an increase in the number of establish a control area.
• from 1 April 2024 all short term
units being let, the calls for lets will require a licence to
formal regulation have been operate.
high on the political agenda and
remain so, notwithstanding the
In addition to the licensing
immense impact that COVID-19
scheme, planning controls are
has had on tourism and leisure
already available. Powers
over the past year. The types
contained within the Planning
(Scotland) Act 2019 allow of premises covered by
In response to these calls, the planning authorities to the licensing scheme
Scottish Government intends to designate all or part of their local will depend on the
lay legislation before the Scottish authority areas as “short term let forthcoming regulations.
Parliament in September 2021 control areas” came into force on Self-contained short
for a licensing scheme for short 1 April 2021. term lets within control
term lets. It is currently
consulting on a revised order areas will most likely
In a short term let control area, require planning
for the introduction of the
the use of a property for permission.
licensing scheme:
providing short term lets will be
The consultation is running
deemed to involve a material
until 13 August 2021.
SHORT TERM LETS IN SCOTLAND: LOCATION, VACATION, REGULATION
Planning permission for a short Even if not within a short term According to the
term let in a control area is very let control area, planning
Scottish Government
likely to be a pre-requisite for permission will still be required if
obtaining a licence. While the the planning authority decide website, there are
2024 deadline for obtaining a that the use of the property for around 31,884 Airbnb
licence may seem a distant short term lets is a material listing in Scotland. The
deadline, if the numbers of change of use. There are no
existing short term lets translate defined principles or parameters top five location ‘hot
into licensing and planning for what constitutes holiday spots’ are:
applications, local authorities accommodation in planning. In
are likely to be swamped the absence of a specific
leading to lengthy delays. planning permission authorising City of
use as holiday accommodation, Edinburgh:
The perceived risk is that by operators may also seek advice 9,994 listings
tying licensing to planning the as to whether: of which 6,622
system could limit the number are for entire
of licensed properties in short 1. A new or retrospective homes /
term let control areas so that it planning permission is apartments
is, in effect, a “first past the post” required for short term letting
system. Acting now on the (whether in the particular
planning front may prevent circumstances there is a
material change of use); or Glasgow
interruptions in renting out Highland:
City:
properties in the future. 6,088 listings
2. No application for planning 2,332 listings
of which 1,537 of which 3,959
The position for operators will permission may be needed are for entire
as there has been 10+ years are for entire
therefore vary depending on homes /
of use of the appropriate homes /
whether their accommodation is apartments
nature and regularity so that apartments
in or out of a short term let
control area, the boundaries of use for short term letting
which could be altered in the can be said to have been
future. Operators should watch established through time
and therefore is lawful. Argyll and
out for any proposals to Bute:
designate their area as a control Fife: 1,932 listings of
area. Planning authorities will Crucially all operators of short 1,302
term letting accommodation which 1,468
have to publish notice of any listings of are for entire
proposed control area and allow would be well advised to which 1,005
navigate the new legislative homes /
28 days for representations to are for entire apartments
be made. framework quickly to establish homes /
what, if any, formal approval(s) apartments
is required for their property.
SHORT TERM LETS IN SCOTLAND: LOCATION, VACATION, REGULATION
KEY CONTACTS
Neil Collar Karen Hamilton Elaine Farquharson-Black
PARTNER PARTNER PARTNER
+44 (0)131 656 0125 +44 (0)141 245 6225 +44 (0)1224 392 251
neil.collar@brodies.com karen.hamilton@brodies.com efb@brodies.com
Alison Polson
SENIOR ASSOCIATE
+44 (0)131 656 0257
alison.polson@brodies.com
brodies.com
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