UK councils 90 day stay limit

[Beth5230]

I’m in an area which doesn’t officially have a 90 day limit however, my local council have asked for details of how many stays we’ve had in the last 6 months. They would like to decide case by case whether hosts need to apply for planning permission for a change of use. 
Has anyone else experienced this, and if so, have any advise on how to get the council to  back off, leave us functioning as we are, without the need for a planning application?

Airbnb have no support on this and simply advised us to get a local legal team involved.

[Kitty-and-Creek0]

@Beth5230 

The agreement we have with our listing platform says we are learn about and abide by local laws and regulations. (See "policies and rules: Your local laws")

We are legal with the powers that be, and we did the process they required. We did not need a lawyer. My suggestion would be to not attempt to avoid the situation, but comply with it and get legal. We are thanking ourselves constantly on having done it, and not becoming consumed with the idea to fight with "city hall."  

Best of the season to you, please stay warm and healthy.

[Mike-And-Jane0]

@Beth5230 the UK government is consulting as to wether planning permission is needed for STR. At present the law seems a bit unsure so I guess a local council can ask people to apply if they want. I would respond to the council or take legal advice. The former is cheap, the latter isn't!

[Beth5230]

Thankyou. 

We checked our local authority’s website and they don’t have anything about needing planning permission so this is all very new. I’d go as far as to say it appears we are the first in our area. We are due to meet the council in the new year so they can inspect the house and discuss further. It would be nice to hear from others who have experienced this in the UK, as Airbnb tell me that no other counties outside of London and Blackpool have the 90 day limit.

[Helen3]

I think increasingly councils will ask STR businesses to apply for planning permission for change of use from residential to commercial use .

@Beth5230 

I would suggest you meet with the council to find about what you need to do to apply for the permissions you need for your business 

the 90 day limit is only in London. They are suggesting I believe you need planning permission for change of use which is a separate issue. 

[Tara0]

Short term rentals fall under the usual C3 planning class - residential use - unless you're in London (and I didn't know about Blackpool). So, until the law changes in your area, the council has no power to 'enforce' anything. Ask them what planning class they are proposing you apply for. 

[Tara0]

To clarify, the gov is consulting as to whether they will change the law so that you need planning consent for short lets. Currently, aside from London's 90 night restriction (and maybe Blackpool according to Beth), there is no requirement for change of use from C3 class residential - i.e. the situation is not 'unsure'. However, it has happened that some hosts have fallen foul by having large groups of unruly guests, and when that happens, the council can step in and claim a 'change of use'. 

[Beth5230]

Thanks, I will explore the information on C3 classification further in preparation for my meeting.

I’ve worked hard to follow the rules so it’s frustrating when the council has nothing on their website at all and when I asked them on the phone what information I should be reading, they said that it’s case law.  Which I believe is a fancy term for making it up as they go along.

[Steve4000]

i am also having issues with my local council regarding planning (change of use). Just wondering how you got on.

[Beth5230]

@Steve4000 our council sent someone out to look at the house and inspect all the rooms for signs that it was an HMO.

once he saw it was actually an Airbnb and not a permanent residence he asked for all our booking history. How long people had stayed and how many guests each time.

we got the impression that because he could see that we never went over 6 guests in the house at one time it didn’t need to change it’s status of a usual house status.

plus we are clear we don’t accept parties and have signs everyone about consideration of our neighbours.

good luck