Information

Short term lets - licensing scheme part 1: guidance for hosts and operators

Licensing guidance intended for hosts and operators of short-term lets in Scotland. There is also supplementary guidance for licensing authorities to which you can refer for more detailed information.


Footnotes

1. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (legislation.gov.uk)

2. https://www.gov.scot/isbn/9781804351291

3. Short term lets: planning guidance for hosts and operators - gov.scot (www.gov.scot)

4. Section 2 of the 1982 Act.

5. Paragraph 1A of schedule 1 to the 1982 Act, inserted the Licensing Order.

6. Under paragraph 7(6) of schedule 1 to the 1982 Act.

7. Short term lets: planning guidance for hosts and operators - gov.scot (www.gov.scot)

8. Paragraph 12 of schedule 3 of the Licensing Order.

9. Of course, you must comply with planning law more generally but this is a mandatory condition of the short-term let licence application requirements which you must comply with for licensing purposes.

10. Set out in schedule 3 of the Licensing Order.

11. Paragraph 3 of schedule 3 of the Licensing Order.

12. Paragraph 5 of schedule 3 of the Licensing Order.

13. Paragraph 6 of schedule 3 of the Licensing Order.

14. Paragraph 18 of schedule 3 of the Licensing Order.

15. Paragraph 8 of schedule 3 of the Licensing Order.

16. Paragraph 9 of schedule 3 of the Licensing Order.

17. Paragraph 10 of schedule 3 of the Licensing Order.

18. Paragraph 10(2) of schedule 3 of the Licensing Order, which applies the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006.

19. The Energy Performance of Buildings (Scotland) Regulations 2008. See Energy Performance Certificates: introduction - gov.scot (www.gov.scot).

20. Paragraph 11 of schedule 3 of the Licensing Order.

21. Paragraph 15 of schedule 3 of the Licensing Order.

22. Paragraph 16 of schedule 3 of the Licensing Order.

23. Paragraph 16 of schedule 3 of the Licensing Order.

24. These are called standard conditions in section 3B of the 1982 Act.

25. Paragraph 5(3)(a)(ii) of Schedule 1 to the 1982 Act.

26. Set out in paragraph 5(3) of schedule 1 to the 1982 Act.

27. Under section 7(6) of the 1982 Act.

28. Article 6 of the Licensing Order.

29. The appeals process is set out in paragraph 18 of schedule 1 to the 1982 Act.

30. Paragraph 11 of schedule 3 of the Licensing Order.

31. Paragraph 13 of schedule 3 of the Licensing Order.

32. Paragraph 8(5) and (6) of schedule 1 to the 1982 Act.

33. The Licensing Order defines many types of property that are excluded from the licensing scheme, for example.

34. Properly defined at article 3 of the Licensing Order.

35. Under the Caravan Sites and Control of Development Act 1960. The Housing (Scotland) Act 2014 inserted a new Part 1A into the 1960 Act creating a new licensing system for relevant permanent sites.

36. For example, where the property was used as an HMO for students during the academic year and for short-term lets for the summer.

37. Set out in Schedule 1 of the Licensing Order.

38. Paragraph 3 of Schedule 1 of the Licensing Order.

39. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (legislation.gov.uk)

40. In paragraph 19A of schedule 1 to the 1982 Act (inserted by paragraph 14 of the Licensing Order).

41. See paragraph 2 of schedule 1 of the Licensing Order.

42. Article 2(4) and 2(5) of the Licensing Order.

Contact

Email: shorttermlets@gov.scot

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