If you are Host with property in London, your dwelling is subject to a planning restriction, which makes the use of residential premises as temporary sleeping accommodation a “material change of use” for which planning permission is required. (Greater London Council (General Powers) Act 1973).
However, in May 2015, after a Government consultation, an exception to this restriction was introduced, and the rules that surround temporary visitor accommodation were relaxed.
Summary of changes
The use of any dwelling as temporary visitor accommodation will not constitute a material change of use (or require planning permission) if the two following conditions are met:
- The number of nights that the dwelling is used as temporary sleeping accommodation, does not exceed 90 days, within a calendar year.
- That the person (or at least one person) who provided the sleeping accommodation for the night was liable to pay council tax, under Part 1 of the Local Government Finance Act 1992, for the property.
Please note: Your Local planning authority may have decided that this exception does not apply to certain residential premises or to residential premises in certain areas.
If a property is used for short-term rentals for more than 90 days in a calendar year, the exception does not apply.
Please carefully check your position with your local authority.
Further reading
At the time of publication (19th Jan 2017), this article summarises some of the available information and aims only to provide an outline of the rules and regulations surrounding section 44 of the Deregulation Act, 2015.
To fully understand the provisions of the Deregulation Act, 2015 click here and for the Government’s policy statement, outlining the rationale for the new rules, click here.
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