Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2024: business and regulatory impact assessment

14. Summary and Recommendation

Based on evidence gathered on the operation of the scheme as outlined in this BRIA, the Scottish Government is confident that the provisions in the 2024 Amendment Order are appropriate. The intention of this early amendment to the scheme is to make technical updates within the principles of licensing, as previously outlined to Parliament.

The likely additional requirement to STL businesses stemming from the provisions is minimal, requiring a small amount of documentation to be available in STL properties, which relates to clearly evidenced safety concerns. The provisions relating to licence transfers and provisional licences for properties under construction bring benefits to STL businesses, whilst preserving licensing principles.

The provision relating to exemption periods clarifies the Scottish Government’s position to bring certainty to operators, local authorities and the general public. We recognise that some want minimal or no exemptions to licensing requirements, and that is why these are carefully defined and operable by local authorities with the ability to attach relevant conditions.

Finally, we do not perceive any disadvantages to the provision relating to sheltered accommodation and recognise the certainty it brings.

Setting the changes in the wider context of industry, local authority and public desire to have stability of regulation and our commitment to publish a wider Implementation Update, the Scottish Government believes that the 2024 Amendment Order strikes an appropriate balance.