Short term lets - licensing scheme part 1: guidance for hosts and operators

Footnotes

1 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (legislation.gov.uk)

2 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2023 (legislation.gov.uk)

3 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (legislation.gov.uk)

4 Supplementary guidance for licensing authorities, letting agencies and platforms (gov.scot)

5 Short term lets: planning guidance for hosts and operators - gov.scot (www.gov.scot)

6 Section 2 of the 1982 Act

7 Article 4 of the Licensing Order. Note, references to the Licensing Order in this guidance include amendments made to that Order by the 2023 and 2024 Amendment Orders.

8 Paragraph 1A, schedule 1 of the 1982 Act. Note in this guidance references to the 1982 Act are to the provisions of that Act read with the Licensing Order and Amendment Orders.

9 Under paragraph 7, schedule 1 of the 1982 Act.

10 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) (Amendment) Order 2023 (legislation.gov.uk)

11 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Amendment Order 2024 (legislation.gov.uk)

12 Short term lets: planning guidance for hosts and operators - gov.scot (www.gov.scot)

13 Guidance on planning procedures and requirements is set out in both Circular 1/2023 and the Scottish Government’s Planning Guidance for Hosts and Operators

14 See section 26B of the Town and Country Planning (Scotland) Act 1997 (legislation.gov.uk)

15 Article 6 and paragraph 13, schedule 3 of the Licensing Order

16 Set out in schedule 3 of the Licensing Order.

17 Paragraph 3 of schedule 3 of the Licensing Order.

18 Paragraph 4 of schedule 3 of the Licensing Order

19 Paragraph 5 of schedule 3 of the Licensing Order.

20 Paragraph 6 and 7 of schedule 3 of the Licensing Order

21 Paragraph 18 of Schedule 3 of the Licensing Order.

22 Paragraph 8 of schedule 3 of the Licensing Order.

23 Paragraph 9 of schedule 3 of the Licensing Order.

24 Paragraph 10 of schedule 3 of the Licensing Order.

25 Paragraph 10(2) of schedule 3 of the Licensing Order, which applies the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006.

26 The Energy Performance of Buildings (Scotland) Regulations 2008. See Energy Performance Certificates: introduction - gov.scot (www.gov.scot).

27 Paragraph 11 of schedule 3 of the Licensing Order.

28 Paragraph 15 of schedule 3 of the Licensing Order.

29 Paragraph 16 of schedule 3 of the Licensing Order.

30 Paragraph 17 of schedule 3 of the Licensing Order.

31 Paragraph 5(3)(a)(ii), Schedule 1 of the 1982 Act.

32 Set out in paragraph 5(3), schedule 1 of the 1982 Act.

33 Under section 7(6) of the 1982 Act.

34 Article 7 of the Licensing Order.

35 The appeals process is set out in paragraph 18, schedule 1 of the 1982 Act

36 Paragraph 12 of schedule 3 of the Licensing Order.

37 Paragraph 14 of schedule 3 of the Licensing Order.

38 Paragraph 8(5) and (6), schedule 1 of the 1982 Act.

39 The Licensing Order defines accommodation that are excluded from the licensing scheme.

40 Accommodation is defined at Article 3 of the Licensing Order.

41 Under the Caravan Sites and Control of Development Act 1960. The Housing (Scotland) Act 2014 inserted a new Part 1A into the 1960 Act creating a new licensing system for relevant permanent sites.

42 For example, where the property was used as an HMO for students during the academic year and for short-term lets for the summer.

43 Set out in Schedule 1 of the Licensing Order.

44 Paragraph 3 of Schedule 1 of the Licensing Order.

45 The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (legislation.gov.uk)

46 Paragraph 19A, schedule 1 of the 1982 Act

47 See paragraph 2 of schedule 1 of the Licensing Order.

48 Article 2(3) and 2(4) of the Licensing Order.