Planning permission to rent a property out for more than 90 days per year in the UK

[Martin5489]

Greater London and now the rest of the UK has a rule whereby a property owner can only let his property up to 90 days per year on a short term let. However, I'm reading that this legislation applies only to properties used as a primary residence? Can someone please share more information on this? 

thanks 

Martin 

[Mike-And-Jane0]

@Martin5489 I know of no legislation outside London that limits short term rentals to 90 days. In fact the opposite is true - In England to qualify for business rates you must rent for at least 70 nights, and to qualify for furnished holiday let status you need 105 nights. Wales needs even more nights for business rates.

[Martin5489]

Thanks Mike. I thought the same but then I'm reading articles that suggest that the same London ruling will apply to the rest of the UK: 

https://www.osborneclarke.com/insights/short-term-lets-england-required-obtain-planning-permission-s...

[Helen3]

Don't rely on third party blogs have a look at the English governments proposed STR legislation on their website @Martin5489 

[Martin5489]

Sadly it's not just blogs Helen. There are multiple articles published by solicitors and it has been announced on the government's website: https://www.gov.uk/government/news/short-term-lets-rules-to-protect-communities-and-keep-homes-avail...

It relates specifically to 'future short-term lets' but then most airbnb landlords are private owners most likely operating without formal planning consent. Those properties already registered as Holiday Lets will be automatically reclassified into the new use class C5.

According to the articles the Government has stated that the reform will be introduced from this summer, but the certainty of it being approved is not clear? 

[Mike-And-Jane0]

@Martin5489 the key paragraph is

The proposed planning changes would see a new planning ‘use class’ created for short-term lets not used as a sole or main home. Existing dedicated short-term lets will automatically be reclassified into the new use class and will not require a planning application.

So no existing Airbnbs will be affected. After that there is going to be a permitted development right given to house owners allowing them to Airbnb but this CAN be removed by the local authority. It is highly likely that certain areas such as Cornwall will remove this permitted development right but many places will not.

[Martin5489]

Thanks Mike, that makes sense. 

[Helen3]

You misunderstood what I said @Martin5489 I didn't say there wasn't STR legislation coming in,  in England. If you read my post I said don't look at information about this on third party blogs and articles.

Read the proposed STR legislation on our English government website.

The blog you linked to is incorrect 🙂

If you read the STR proposals they make it clear the legislation re planning permission only apply to new STRs which may need to apply for planning permission. Existing listings won't.

[Martin5489]

thanks for the clarification Helen. 

[Martin5489]

Last question Helen; do existing Airbnb hosts have to register their property as an STR and if so who would that be with? 

thanks in advance 

[Mike-And-Jane0]

@Martin5489 No Airbnb hosts do not have to register their property at present. If the government survives until the Summer this may change!

What you do have to watch though is some mortgage companies (most I think) do not allow STR, Some leasehold properties prohibit STR and most 'standard' insurance companies do not allow STR.

[Martin5489]

Thank you Mike, that's very useful info. Much appreciated. 

[Helen3]

It depends on which part of the UK you are in @Martin5489 . Outside of England yes. 

But once the legislation for England comes in. Yes for England too.

do read the proposed legislation for England as it will answer your questions.

What sort of STR business are you looking to set up?

[Martin5489]

thanks Helen. 

We live in Dubai but looking to purchase investment properties in the UK suitable for Airbnb. Don't really want to have to set up a business as such; just private STRs. We've been out of the UK market for quite some time, so was looking for guidance on the forums. Thank you for the pointers