Short term lets and planning

This guidance specifically pertains to the planning aspects of Short Term Let license applications, excluding any other required aspects of the licensing regime.

It is specifically applicable to properties located within the Stirling Council planning area. Property owners within the Loch Lomond and the Trossachs National Park should consult the National Park Authority for advice.

Please note that this information does not constitute planning or legal advice. It is recommended to seek independent advice concerning the matters outlined in this guidance.

In the context of Short-term lets, there exists a specific legal definition within the licensing regime, while no legal definition applies to the letting of properties for a short-term within the planning system.

Licences

For Short Term Let Licences, Short Term Let is defined in legislation to mean the use of residential accommodation provided by a host in the course of business to a guest, and where both the following criteria are met:

(a)  the guest does not use the accommodation as their only or principal home,

(b)  the short-term let is entered into for commercial consideration.

Not all persons qualify as “guest” in this definition, the following people are excluded:

(i)  an immediate family member of the host,

(ii)  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 educational institution, or

(iii)  an owner or part-owner of the accommodation.

This definition also excludes the use of the property where the accommodation is provided for the principal purpose of facilitating the provision of work or services by the guest to the host or to another member of the host's household.

This definition further excludes certain types of accommodation and certain types of tenancies. For full details see Article 3 and Schedule 1 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.

For persons who wish to let out their property on a short-term basis, this will be the definition you need to consider. If your property qualifies then you will need to establish whether planning permission is required, in addition to the licence.

Planning permission

Separately, even if your property does not meet the definition of a Short Term Let for a Short Term Let Licence, you may still need planning permission for the change of use to let out your property on a short-term basis.

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

Typically this includes properties advertised and let on a commercial basis for payment, being available for holiday let, for days or weeks at a time, although it can apply to other situations too. The Scottish Government has provided guidance through their publication ‘Short Term Lets in Scotland: Planning Guidance for Hosts and Operators’.

In 2022, the law regarding Short Term Lets was changed in Scotland. The Scottish Government introduced a law that all Short Term Lets must have a licence in order to operate lawfully.

In some instances you may not need to have a Short Term Let Licence, for instance, because the type of accommodation you let out is exempt under the licensing legislation. Even so, you may still require planning permission for the type of let that you operate.

Full information on the Short Term Let Licence Process and Policy can be found here: How short-term let licensing works | Stirling Council and here: Stirling Council Policy Statement on Short Term Let Licensing Process.

The Licensing Team in Stirling Council is the Licensing Authority for Short Term Lets in both the Stirling Council planning area and the area of the Loch Lomond and the Trossachs National Park, which falls in the wider Stirling Council region.

Short Term Let licensing is a separate, but complementary, process to planning.

In some instances, in order to obtain a Short Term Let Licence, you may be required to show that you have planning permission, or confirmation that you do not need planning permission. Further information about this is contained in the link to the Short Term Let Licence Policy Statement above.

Even though you may have been issued a Short Term Let Licence, you may still need to obtain planning permission later.

If your property is in a Short Term Let Control Area you will always need to obtain planning permission where that use began after the Short Term Let Control Area was designated. You will need to show that you have it (or at least applied for it) before you will be issued with a Short Term Let Licence, and it may be part of a condition of the licence itself.

If you can show that the use as a Short Term Let began (whether it was a material change in use or not) before the Short Term Let Control Area was designated, then planning permission will not be an automatic requirement. In those circumstances, whether you need planning permission will depend on whether it was a material change of use, just as it is outside of a Short Term Let Control Area. The Short Term Let Control Area designation only affects new uses.

Other than in Short Term Let Control Areas, you will only need planning permission when letting out your property if it constitutes a “material change of use” or if it involves the creation of a new planning unit.

Short Term Let Control Area is the whole or part of the planning authority’s area. The planning authority must designate a Short Term Let Control Area through a process set out in legislation. At the time of writing this guidance, Stirling Council does not have a Short Term Let Control Area, though it may designate one in the future.

This will be updated if, and when, that changes.

There is no straightforward definition of what will constitute a “material change of use”. Whether you need a Short Term Let Licence or not, each case will be decided on its own facts and circumstances and will be judged by the Planning Authority. Letting out your property on a short-term basis may be a material change in some instances, and non-material in others.

If your property is already used as a residential property with planning permission, and you wish to let it out on a short-term basis, this may constitute a material change of use, for which you will need further planning permission.

Some examples of a material change in use include where there are many developments to the dwellinghouse that would be considered in isolation as permitted development for residential, though when considered all together for use as a Short Term Let result in a “material change in use”. Permitted development involves small changes which in themselves do not require planning permission. The Scottish Government has produced a guidance document on householder permitted development.

A new planning unit may be created in a number of circumstances. Some examples which may be relevant in the case of Short Term Lets is where a new or existing outbuilding associated with the dwellinghouse (such as a garden room or annexe) is to be used as a Short Term Let or where there has been some sub-division of an existing dwellinghouse whereby it appears more like multiple dwellinghouses.

In these cases, planning permission would be required for the creation of a new planning unit rather than for changing the use of the building (as the building would remain in residential use).

Planning permission

If after reading the above guidance you think you need to apply for planning permission then you can apply via the Scottish Government’s eplanning portal. Even if you think you should have had planning permission before, this can be applied for retrospectively.

Certificate of Lawfulness

If you think you have an established use or think you do not need planning permission for an existing use then you could apply for a Certificate of Lawfulness of Existing Use or Development.

If you are thinking of starting a short-term let, and want it determined whether you would need planning permission you can apply for a Certificate of Lawfulness of Proposed Use or Development.

Both Certificates can be applied for via the Scottish Government’s eplanning portal.

Detailed information on the Planning Application Process can be found in our Planning Toolbox.

You will also have to ensure that you have a Short Term Let licence (where applicable) which are granted by the Licensing Team in Stirling Council.