Scotland Regulation of Short Term Lets

[Steven65]

Announcement made yesterday (8th Jan 2020) and below.  I have a multitude of questions and practical considerations. Anyone care to speculate what will happen next?

Regulation of short-term lets

I am writing to inform you that the Scottish Government has today announced proposals for the regulation of short-term lets.

Our 2018-19 Programme for Government made a commitment to ensure that local authorities have appropriate regulatory powers to balance the needs and concerns of their communities with wider economic and tourism interests and ensure a safe, quality, experience for visitors.

We consulted widely last year in order to take forward that commitment, receiving over 1,000 responses to our consultation, which was announced by the First Minister in April 2019. In October 2019, we published the responses to the consultation, an independent summary of consultation responses and independent research on the impact of short-term lets on communities.

Kevin Stewart MSP, Minister for Local Government, Housing and Planning announced in a statement to Parliament today that the Scottish Government will:

• Introduce licencing for short-term lets, under the Civil Government (Scotland) Act 1982, with a mandatory safety component which will apply to all short-term lets across Scotland. Local authorities will also be given the discretion to put in place further conditions; to help tackle littering or overcrowding of properties, for example.
• Prioritise work to give local authorities the power to introduce short-term let control areas under powers in the Planning (Scotland) Act 2019.
• Undertake a review of the tax treatment of short-term lets, to ensure they make an appropriate contribution to the communities they operate in.

A news release with further details of the proposals announced today can be found here.

These measures will address the most pressing concerns raised by communities.  They are a robust response to the issues presented by the rapid proliferation of short-term lets in hot-spot areas, particularly safety concerns, whilst recognising the many benefits of short-term lets to hosts, visitors and the Scottish economy. We will monitor the impact of these changes to ensure they are fully effective in meeting our aims and we will take further action if required.

Kind regards,

David Manderson

Short-Term Lets Delivery Group

[Amanda660]

@Fiona762 PAT testing, legionella testing, insurance and possibly fire risk assessments.

Local  authorities have until the 1st of October to publish their requirements though the consensus is that they will likely be very similar.  

Here’s some up to date info:

https://www.visitscotland.org/supporting-your-business/advice/short-term-lets-legislation

[Fiona762]

Thank you, that's very helpful 🙂

[Veronique243]

@Fiona762 I'm not sure that you will be allowed to continue with self catering without planning permission , even if what you rent is part of your own home (assuming you are renting for more than six weeks a year).  I went to an ASSC event recently and my understanding from the info given is that 'granny flats' or similar will only be able to be let as b&b and then only if that is how you have been operating before the licensing scheme comes into place.  Apparently it is related to the number of kitchens. If one accommodation has 2 kitchens, then it is technically 2 flats even if integrated into one building and subject to 2 lots of council tax etc. Consequently, the bit rented as self catering would still have to have planning permission.

If you are doing B&B then you have no worries!

I'm not an expert by any means and I'll be delighted if I'm wrong but it might be worth checking with the ASSC.

[Anne-Marie394]

I was on holiday when they had the webinar on this subject - is there anywhere I can access it