From October 1st 2022 you will require a licence to operate as a holiday let, and will have until 1st October 2023 to apply.
The Licensing Order and Control Area Amendment Regulations were approved by the Scottish Parliament on 19 January 2022 and came into force on 1 March 2022. Local authorities will have until 1 October 2022 to establish a licensing scheme and existing hosts will have until 1 October 2023 to apply for a license.
Committed to work together we want to give businesses the right advice. We want to help you through the process of applying for a short-term let licence or planning permission.
Please reach out to us if you require additional help or support with this topic. We’d love to help.
Originally licenses for existing hosts were due to be in place by April 2023, however on 1st March 2023 this was officially delayed by a further 6 months. The request for this delay was passed by MSPs and it was great news for both landlords and councils. The new deadline is now 1st October 2023. After this date every short term rental in Scotland will require a license regardless of how long your property has been operating as an STR.
So far this has been a bit of a roller coaster ride for all landlords involved. We just wanted to say that we’re proud of you all, and there definitely seems to be light at the end of the tunnel with regards to the application process. We are now starting to see progress with a number of local councils, and are still more than happy to assist wherever we can.
All local authorities should now have a final policy in place. Make sure you read through the documentation that relates to your area, before you start your application. Here are some quick links to each:
Many have very helpful checklists to assist you with your application.
f you have any general questions please contact us – we’d be more than happy to help! We do urge however, to discuss your application with your solicitor if you are unsure of any particular details.
Up to date information will always be found on ASSC homepage; a great association to follow.
It is mandatory to place a notice (for at least 21 days) within the close vicinity of your property, informing neighbours of your licence application. We’re working on a template for this and will share and assist with the distribution of these in due course. Please feel free to create your own version however we would urge for a friendly, approachable tone to be used.
Objections may be made by neighbours or any other person who wants to raise an objection.One of the main purposes of the licensing scheme is to ensure short-term lets are safe and to address issues faced by neighbours. Reasonable grounds for objection to a licensing application may include:
As long as your application provides clear and accurate information regarding your holiday let this can be dealt with in a structured manner that will provide you with the best possible case against any objections brought forward.
We would encourage you to check the official publication for this information as each region has provided separate pricing structures.
Licencing fees for secondary letting licences are calculated based on occupancy levels e.g. a licence for a holiday let in Dundee with guest capacity of 1-2 guests, the cost will be £310, moving to £620 for 3-4 guests, £930 for 5-6 guests and so forth.
Please check your individual council policy for exact figures.
There may be a small number of proactive visits, it is not clear how likely or how often these will you will receive advanced notification prior to any visit.
It is not a requirement at this stage but there are recommendations this will help maintain standards and deliver an excellent customer experience. Visit Scotland provide a Quality Assurance Scheme worth checking out. Please contact us for individual pricing options.
Short term lets can offer people a flexible and cheaper travel option, and have contributed positively to Scotland’s tourism industry and local economies across the country. The Scottish Government has put in place this licensing scheme to ensure basic safety standards are in place across all short-term lets operating in Scotland, while also providing discretionary powers to licensing authorities to address the needs and concerns of local communities. Improved visitor experience and confidence will benefit tourism and the economy.
The aims of the licensing scheme are:
You, as the host or operator, can apply for a license to use your (or someone else’s) premises to provide short-term lets. You can also ask another person to make the application on your behalf.
You, as the host, are the person responsible for granting agreements with guests to use the property, even if this is delegated to another person or company on a day-to-day basis.
If you do not own the premises, then you must have the permission of the owner(s) to make an application for a licence.
The licensing scheme requires all licensed short-term lets to comply with mandatory conditions which apply across Scotland. Many hosts and operators will already be complying with these mandatory conditions because some of them are already required through other legislation and others are best practice now. Your application will be refused if you cannot show how you comply with the mandatory conditions so it is worth ensuring you are ready before making your application.
Responsible hosts and operators will most likely have a lot of these conditions already in place therefore it will just be a case of collating this evidence.
The mandatory conditions relate to: