Have you applied for your short term let license?

28 September 2023 - Author: Cait Buttery

As you may be aware, all Scottish accommodation short-term let operators now need to be licensed.

The deadline for submitting an application for your Short Term Let license is 30-Sept-2023. As this deadline looms, we've been made aware that there are still a large number of properties which have still not applied for their license.

If you haven't already, please familiarise yourself with the license requirements, and apply for your license if you need one. Each local authority will have different requirements for the license, and different costs. Please make sure you follow the requirements set out by your local authority.

Full details about the licensing scheme are available at https://shorttermlets.campaign.gov.scot/

Some key point's of the legislation are detailed below:

I am an existing host - do I need a license?

The license is mandatory. There are different rules to operating with the license once you have applied:

For existing hosts: If you have been operating since before 1-Oct-22, you may continue to operate as usual while your application is considered. You must have applied by the deadline to benefit from this.

For new hosts: You must not take any bookings until your application has been approved.

If an existing host does not submit their application on time, they will need to apply as a new host. This will mean they cannot take any bookings or host any guests until the application has been approved, which could take up to 9 months. Status as an existing host will be removed.

Am I exempt?

	The accommodation is already covered by a license under the Licensing (Scotland) Act 2005 (1), provided the accommodation is an activity listed in the operating plans. Defined in section 20(4) of the 2005 Act.
	Accommodation provided by your guests. If you have a campsite and your guests bring their own tents, you do not need a license. If you have additional accommodation like glamping pods or pre-erected tents, you will need a license.
	Mobile accommodation. If you let out a boat, which moves guests from A to B during their stay, you do not need a license. If the boat is moored/immobile, you will need a license.
	Hotels, with planning permission to operate as a hotel.
	Aparthotels, so long as there are more than 5 apartments, the whole building is owned by one person, it is operated as a single business, there is a shared entrance for guests, and the entrance is not shared with any other flat or residence.
	Hostels and refuges, providing residential accommodation for food, or shared cooking facilities.

There are further exemptions, which apply to accommodation provided by employers for employees, educational accommodation, and residential accommodation.

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