ASSC Urges Scottish Government to Address Challenges Faced by Self-Catering Operators Amid Unclear Planning and Licensing Laws

The ASSC has written to Scottish Government Ministers today (18th February 2025), highlighting the severe challenges facing self-catering operators across Scotland due to the inconsistent and unclear application of planning and licensing laws and the urgent need for government intervention.

Regrettably, we have raised concerns about the legal uncertainty surrounding planning and licensing for short-term lets before. However, despite repeated warnings, the situation remains unresolved. The case studies included in the attached letter demonstrate the real-world consequences of a system where the law is effectively unknowable, leaving businesses in an untenable position.

Key issues highlighted in the letter include:

• Inconsistencies in Planning Decisions: Different local authorities and appeal authorities are interpreting and applying the law in conflicting ways, leading to unpredictable outcomes for operators.
• Legal Uncertainty for Operators: Many businesses cannot reliably determine whether planning permission is required, creating operational risks and deterring investment in the sector.
• Risk of Unjust Enforcement Action: Some operators are being pursued for planning and licensing breaches based on unclear and inconsistent legal interpretations, with potential criminal consequences.
• Need for Immediate Government Intervention: We urge the Scottish Government to implement a temporary moratorium on enforcement actions, provide clear guidance on the applicability of the Use Classes Order, and consider introducing a new use class for short-term lets to bring consistency to the system.

We hope that these case studies will bring the reality of this crisis into perspective and demonstrate that urgent action is needed to prevent further hardship and unfair treatment of operators.

The attached letter provides detailed evidence of these issues, and we respectfully request Ministers’ engagement on this matter. We would welcome the opportunity to discuss potential solutions to protect Scotland’s self-catering sector and ensure a fair and transparent regulatory environment.

We hope to work collaboratively towards a resolution.