Short-term lets - licensing scheme and planning control areas: consultation

This consultation seeks views on our detailed proposals for the regulation of short-term lets which will form the basis for secondary legislation to be laid in Parliament in December 2020.


1 Sometimes the host (in home sharing or home letting) may also be a tenant (i.e. the host is renting from a landlord). In other circumstances, the resident owner of the property may outsource the hosting to another person or organisation.

2 I.e., taking its common law meaning as set out in Planning Circular 10/2009.

3 This was called sharing in the 2019 consultation paper.

4 This was called swapping in the 2019 consultation paper.

5 In the Planning (Scotland) Act 2019 (Commencement No. 4 and Transitional Provision) Regulations 2020 (SSI 2020/67).

6 The definition of “private residential tenancy” is set out in Private Housing (Tenancies) (Scotland) Act 2016.

7 Paragraph 38 on page 20.

8 These listings may look like private rooms to let in a primary residence, but each bedroom in a two-bedroom flat, for example, could be let out separately. The guests do not live with the host, but with another guest (or guests).


10 This is because both use as a house and a small bed and breakfast or guesthouse is included in class 9 of the UCO.

11 Schedule 1 of the GPDO allows for a 28 day permitted development right (Class 15); this is calculated on a calendar, rather than a rolling year basis.

12 As set out in sections 61 and 62 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

13 Set out in the Housing (Scotland) Act 1987 and amended in the 2006 Act.



16 Having a valid EPC certificate when advertising a property is required by the Energy Performance of Buildings (Scotland) Regulations 2008.

17 Section 7.

18 As set out at section 225 of the Criminal Procedure (Scotland) Act 1995.

19 See section 42 of the 1982 Act.



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