Clackmannanshire Council Online

Short Term Lets - Planning guidance

Short Term Lets - Planning guidance

In 2022, the law regarding short term lets was changed in Scotland and nearly all short term lets now require a licence. Depending on the circumstances, a short term let may or may not also require planning permission. 

The guidance below has been created following a review of Clackmannanshire Council's approach to short term lets and is specifically applicable to properties located within the Clackmannanshire boundary areas only.

What is a short term let?

Generally, lets for short term lets are distinct from hotels, hostels and other accommodation by the fact that properties provide short-term occupiers with all the facilities ordinarily required for day-to-day living in a private domestic home.

These are typically properties advertised and let on a commercial basis for payment being available for holiday lets, for days or weeks at a time (although other situations can also apply). 

The Scottish Government has provided guidance through their publication Short Term Lets in Scotland: Planning Guidance for Hosts and Operators which we would recommend you read.

Definition

Short term lets are defined in legislation to mean the use of residential accommodation provided by a host in the course of business to a guest, where both of the following criteria are met:

• the guest does not use the accommodation as their only or principal home
• the short term let is entered into for commercial consideration

Not all persons qualify as a "guest" in this definition, and the following people are excluded:

• an immediate family member of the host,
• a person sharing the accommodation with the host for the principal purpose of advancing the guest's education as part of an arrangement made or approved by a school, college or further or higher education institution, or
• an owner or part owner of the accommodation.

Although there are some exemptions to these criteria for the purposes of licensing, each proposal should be considered on its own merits for the purposes of Planning.

When is planning permission required?

Short term let licencing is a separate but complementary process to Planning. 

In some instances, in order to obtain a short term licence, you may be required by the Licencing team to demonstrate that the proposed use is lawful.  This can be done through a planning application or through confirmation that you do not require planning permission, and your circumstances will determine which application type is the most appropriate route.

Planning permission is only required when there is a "material change of use" or if a proposal involves creating a new planning unit. 

With the exception of properties that have a shared or communal entrance (such as most flats), if your property is to remain as a single house, will retain all of the same facilities that the house offers, does not involve or require any sub-division, and does not involve any separation from any of its outbuildings (such as a garden room or annexe), then planning permission will not generally be required. 

If any of these criteria are not met or if the property is a flat, it is likely that planning permission is required.

If no changes are proposed to the fabric of the building, there are also no requirements for Listed Building or Conservation Area Consent.

If planning permission is required then an application should be submitted, or if you want a formal opinion from the Council on whether a use does not require planning permssion, you can apply for a Certificate of Lawfulness. 

Both applications should be made via the Scottish Government's e-Planning portal which can be accessed at the attached link.

Short term let areas

Although planning permission is always required in a short term let control area, there are currently no short term let control areas in Clackmannanshire.

Disclaimer

Please note that this information is an interpretation of current planning legislation and does not constitute legal or planning advice for any specific development. 

It is recommended that you seek independent professional advice for your specific proposal.