The Scottish Government has introduced a licensing regime for short-term lets in Scotland. Anyone looking to operate a short-term let for the first time from 1 October 2022 will need a licence before they do so. Those who are already operating short-term lets before 1 October 2022 must apply for a licence by 1 April 2023 if they wish to continue doing so. In addition, the planning laws on short-term letting introduce a new power for local authorities to designate the whole or any part of their area as a Planning Control Area.
The ASSC is delighted to announce the launch of our “Regulations Roadshow” to support operators as this legislation is implemented, and to assist DMOs in supporting their members and the wider tourism sector.
The sessions are open to operators of all short-term lets: Self-Catering, B&Bs, guest houses, glamping pods, as well as representatives from local authorities, agencies and anyone with an interest in the implementation of the legislation.
Background
On 19th January 2022, MSPs voted 68 to 53 to support short-term let licensing and they voted in favour of the planning control area regulations by 87 to 33. Anyone looking to offer short-term let accommodation (self-catering units, B&Bs, un-licenced guest houses, glamping pods or the famous caravan in a tree) for the first time from 1 October 2022 will need a licence before they do so.
On 23rd February, Edinburgh council approved a proposal to designate the entire Council area as a Short-Term Let Control area. Edinburgh council is the first council in Scotland to approve such a proposal, which will require all short-term lets to apply for planning permission. This undeniably sets a precedent for other councils across Scotland to follow suit.
Next Steps
Now that the legislation has been passed by the Scottish Government, and as we move towards the implementation stage and licensing schemes going live across the country, we are committed to supporting short-term let operators navigate through the legislation.
What is a Short-Term Let?
The providing of residential accommodation by a host to a guest in the course of business and for commercial consideration where:
• the guest does not occupy the property as their main home and they are not an immediate family member of the host; and
• the guest is not occupying the accommodation principally to facilitate work or services by the guest to the host, or sharing accommodation with the host as part of an educational arrangement.
Three basic types of short-term letting will need a licence:
Short-Term Lets include self-catering units, ‘Airbnbs’, B&Bs, un-licenced guest houses, glamping pods, shepherds huts, caravans on un-licenced premises.
About the Speakers
Fiona Campbell was appointed as the Association of Scotland’s Self-Caterers (ASSC) first Chief Executive in February 2015. Over the past 7 years, she has worked with key industry stakeholders delivering advocacy and lobbying to support the traditional self-catering sector. She has been at the table throughout the short-term let regulatory process, working tirelessly with Scottish Government officials, Cabinet Ministers, cross party MSPs, the Regulatory Review Group and tourism stakeholders to challenge the proposals. Navigating the STL regulations, the ASSC provided considered, future-proofed and proportionate solutions for national and local government.
During a period of immense regulatory challenges, Fiona has overseen an increase in membership at the ASSC to over 1,300 members, helping to cement the organisation’s place as one of the strongest tourism bodies in Scotland.
Fiona represents the ASSC as a Council Member of the Scottish Tourism Alliance Council, was a member of the Strategy Steering Group for Scotland’s Tourism Strategy Outlook 2030 and is a sector organisation lead informing the Scottish Tourism Emergency Response Group. Fiona also represents the ASSC, as founding members of the European Holiday Homes Association (EHHA), engaging with counterparts across Europe and the European Commission. Contact: fiona@assc.co.uk
Joanna Millar is a Legal Director with Gilson Gray LLP. Joanna is qualified over 25 years and during that time has specialised in Licensing and Corporate law. Prior to joining Gilson Gray in November 2019, Joanna ran her own firm. Her team moved as a whole to Gilson Gray but this background allows her to understand first-hand the challenges which face owner operated and small/medium sized businesses. Joanna has been involved in licensing at ground level throughout her career and has now been involved through the ASSC and her membership of the Law Society of Scotland in discussions about the proposed licensing regime for short lets affecting all self-catering accommodation providers. Joanna is well placed to advise clients on all aspects of their business from the licensing process, business structure, supplier contracts and terms and conditions. Gilson Gray as a firm provides support through all aspects of life and business from buying a first home or flat, upsizing and downsizing property, second homes, business premises, pre and post nup agreements, will, powers of attorney and executory matters. We can also offer assistance from Gilson Gray Financial Management who take away the confusion often surrounding areas such as pensions, life insurance, mortgages and all aspects of investments and protections such as medical cover and similar. Contact: jmillar@gilsongray.co.uk
For more information / to submit any questions in advance please contact joyce@assc.co.uk
26 sessions in 21 weeks
54 hours of meetings
Supported by 25 DMOs / local authorities / trade partners
2,290 miles travelled
Face to face engagement with 3,298 people
In total, Joanna Millar, Legal Director at Gilson Gray LLP, and Fiona Campbell, CEO ASSC, have reached 9,708 people to help them navigate the Scottish Government’s new short-term let legislation.
Terms & Conditions apply