Government Short-Term Lets Registration Scheme(s)

Modified on Wed, 16 Oct at 10:14 AM

From 1 October 2022, Hosts or operators who already operate a property to offer short-term lets in Scotland need to apply for a licence. This is to make sure they’re safe and that people providing them have been through all the required checks. It will also help local councils to understand the needs of their local areas and help with handling complaints.

Hosts already using their property to provide short-term lets have until 1st October 2023** to apply for a licence. Hosts will need to show evidence that they used the property for short-term lets before 1st October 2022. Hosts can keep letting their property while waiting for the local council to approve licences.

To comply with this legislation these words will be included on any qualifying listings.

'Bookings are subject to licensing approval.

These digs are currently acquiring a letting licence.

All bookings are subject to a successful licence application'.

Please let us know if you have already applied for your licence. To see how to do this please see our help article: How to manage my digs Short-Term Letting Licence (STL).

New Hosts

Hosts wishing to start short-term lets on or after 1st October 2022 must have a licence before they start hosting. (Please see Government guidance below).

Hosts not using their property to provide short-term lets before 1 October 2022 must apply for a licence before starting to offer lets. It’s against the law to take bookings or host Guests before a licence has been approved for each premises.

All Hosts (Existing and New)

On or after 1 October 2022, it is a criminal offence for any person to continue to operate after their licence application has been determined and refused. All short term lets in Scotland will therefore need to hold a valid licence from 1 January 2025 to operate a short-term let. On or after 1 January 2025 operating without a licence unlawful in all cases (unless a sheriff has provided an extension to the processing time for an application from an existing host).

Hosts who do not apply for a licence on time could be fined, and banned from applying for a licence for a year.

Temporary Exemption to the requirement to have a short term let licence

Under the terms of the 1982 Act, temporary exemptions can be issued for up to 6 weeks in any period of 12 months. There may be up to three periods of temporary exemption in each calendar year which must not exceed a combined total of six weeks.

Edinburgh Council temporary exemptions information

N.B. Edinburgh Council will consider applications for STL temporary exemptions in certain circumstances as set out below:

a) During the Edinburgh Festival Fringe and Edinburgh International Festival

b) During Edinburgh’s Christmas & Hogmanay Festive Period

c) For Major Sporting Events

d) For Major International Events

The benefit of applying for a temporary exemption to the requirement to have a short term let licence would be that you can still host performers during the Edinburgh Fringe or any of the events mentioned above. However you will still have to pay for this temporary exemption (refer to your local council website to see exact prices), and you will still have to comply with the many of the responsibilities set out below to obtain this exemption.

Useful links and information about the Edinburgh Temporary Exemption:

FAQs (Question 8)

Licence fees

How to apply and online submission

Responsibilities upon obtaining a licence

Hosts must make the following information available within the premises in a place where it is accessible to all guests:

a) A certified copy of the licence and the licence conditions.

b) Fire, gas and electrical safety information (including instructions regarding carbon monoxide alarms and mobile gas cabinet heaters where appropriate).

c) Details of how to summon the assistance of emergency services.

d) A copy of the gas safety report.

e) A copy of the Electrical Installation Condition Report.

f) A copy of the Portable Appliance Testing Report.

It is down to the Host's discretion how to provide this information. Hosts might display the information on a notice board or in a folder containing details about the premises. The important point is that guests can access it easily. Hosts may also wish to consider providing digital copies alongside booking confirmation.

Cost of the licence:

The cost of the licence will be set by the local council and is likely to depend on the property size and type of let.

How to apply:

Hosts apply through their local council.

Advice and Information:

Please refer to the latest Government's pages for full and up-to-date guidance:

Overview of short-term let licences

Short Term Lets

Guidance for Hosts and Operators

How to apply for a short-term let licence

UPDATE 7TH DECEMBER 2022: the implementation date was delayed from 1st April 2023 to 1st October 2023 for existing Hosts.

UPDATE 8TH JUNE 2023: A judicial review in Edinburgh ruled that elements of the Short Term letting policy were unlawful. Until official changes take effect on the Government's website, the following guidance still stands.

UPDATE 30TH AUGUST 2024: For full details click here to the Government website page: Short-Term Let Licensing Implementation Update Report 2024. Listed below are points relevant for TheatreDigsBooker Hosts.

Single licence for multiple accommodation units on the same premises – the 2024 Amendment Order clarifies that licensing authorities do not need to refuse an entire short-term let licence application where there are multiple accommodations on a single premises. The licensing authority may grant a licence in respect of all or some of that accommodation.
Licence transfers – this is a new process whereby a short-term let licence may be transferred to someone else on application by the licence holder. A short-term let licence holder can apply to the licensing authority to transfer the licence into the name of a third party, subject to there being no objections from the Chief Constable. This will support hosts/operators if they wish to sell by allowing them to market their accommodation as a short-term let (with onward bookings).
Temporary exemptions – local authorities already have the power to authorise temporary exemptions from the requirement to have a short-term let licence for a period of up to 6 weeks. The 2024 Amendment Order clarifies that there may be up to three periods of temporary exemption in each calendar year which must not exceed a combined total of six weeks.
The new provisions require licence holders to make the following information accessible to guests within the short-term let accommodation: 1) instructions as to what guests should do in the event that the carbon monoxide alarms sounds and, where relevant, 2) if there is a mobile gas cabinet heater in the premises, safety instructions as to the operation and movement of the mobile heater.

We at TheatreDigsBooker don't want to put our customers in a position that breaches any remaining policies. We will update this page when we know more. We thank you for your understanding and patience. For the latest information please refer to the Scottish Government web pages listed above.

This summary outlines some of the important points and is accurate at the time of writing 16th October 2024.

FAQs

My Digs are in Scotland / Ireland. What do I need to do?

Review the Government Guidance as linked to above and make enquiries and/or applications to your local authority.

My Digs are in England / Wales. What do I need to do now?

Please inform yourself about any rule changes and law enforcements.

Double-check your Health & Safety section is up-to-date.

This only applies to Tourism and not Theatre Professionals, right?

No one knows for sure but Scotland's policy seems to include almost any room or space where a fee is charged in the scheme.

If you have any questions please see the full Government guidance or visit our Help Centre.

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Government Short-Term Lets Registration Scheme(s)

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