Short Term Let Licensing Scheme South Ayrshire
Applying for a Short term Let licence
From 1 October 2022, if you use a property to offer short-term lets in Scotland you'll 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.
A short term let licence is required for a wide range of residential and commercial property including self-catered properties, B&Bs, guesthouses, fixed boats, not used as transport, glamping pods, yurts etc. You can view a list of excluded types of accommodation and excluded types of tenancies:
From December 7th, 2022, all local authorities received guidance from the Scottish Government's Local Government, Housing and Planning Committee stating they intend to implement an affirmative Scottish Statutory Instrument in January 2023 that will seek to amend The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022. A decision has been made to amend the date by which existing hosts must apply for a short-term let licence, which has been moved from 31 March 2023 to 30 September 2023.
On 1 March 2023 the Scottish Parliament approved this six-month extension. Existing hosts must apply for a licence before 1 October 2023 (previously 1 April 2023) and can continue operating while their application is being determined.
The decision for the one-off 6 month has extension has been motioned due to the cost-of-living crisis and the pressure that has been placed on existing short-term let hosts and businesses. The committee advised there's currently no proposed plan for change regarding new hosts, as it upholds the purpose of introducing licensing throughout Scotland and new applicants must meet mandatory conditions, including safety standards.
- From the 1st October 2022, you can submit your application for Licence. If you are an existing host, you now have until the 1st October 2023 to make this application.
- If you are a NEW host, and have not let out your property prior to the 1st October 2022, you must submit your application and you cannot accept bookings until this has been determined.
- From the 1st July 2024 ALL short term let accommodation must be licensed.
South Ayrshire Council at the Cabinet meeting of the 30th August 2022 passed the policy on our approach to licensing of Short Term Lets.
How to apply
Before you begin, you may wish to read the application guidance on how to complete the application form fully and also the application checklist which outlines what evidence you will require to submit. It is important when applying that you provide all the evidence required at point of application. If you fail to do so, you will still be charged the fee, however the time to determine your application will be lengthened and it may require further scrutiny.
- Short term lets - licensing scheme part 1: guidance for hosts and operators
- Short term lets - licensing scheme part 2: supplementary guidance for licensing authorities, letting agencies and platforms
You will need to pay a fee for your application to be processed. A full list of our fees can be found at the bottom of this page.
When is planning permission needed for a short-term let?
Under provisions within the Licensing Order, a preliminary ground for refusing to consider an application for a Short-term Let is that the use of the proposed premises would constitute a breach of planning controls set out under the Town and Country Planning (Scotland) Act 1997. Hosts and Operators are therefore advised to engage with the Council's planning service, prior to submission of a licence application, to confirm whether they require planning permission or not.
In order to establish if planning permission is required for the use of a property as a short term let, please email firstname.lastname@example.org, giving us as much information as possible; or call us on 0300 123 0900.
Planning permission is required for 'development'. The definition of development includes a 'material change of use' of land or buildings, even if there are no physical alterations to the land or building, therefore planning permission is always required for a material change of use.
There are a number of factors which may affect the Council's consideration of whether the change of use is a material change of use. Factors include a change to local amenity or the character of a neighbourhood or area, safety, the type of property i.e house or flat and impact on immediate neighbours.
Detailed information on when planning permission is required is available in the Scottish Government's publication - Short term lets - licensing scheme part 1: guidance for hosts and operators - gov.scot (www.gov.scot).
Please refer to our Housing Policy Service Privacy Notice
Making an Application
You or your agent, must:
- Complete the online application form. Should you require a paper version of this application form, please contact email@example.com and a member of the team will get in touch.
- You must submit a copy of the Planning Operational Statement, which contains a series of questions about the property, and allows the planning department to determine whether or not planning permission is required during the consultation process.
- Submit a scaled floor plan of the premises and a video as instructed in the guidance, including all other required information as well as Scottish Fire and Rescue Checklist attached (ensure you use the check list):
- Pay the designated fee. You will be prompted at the end of completing your application online. If you are issues a paper application, you will have to contact our team and make payment before your application will be accepted.
- You will be required thereafter to display a site notice at or near the premises so that it can be conveniently read by the public for a period of 21 days beginning with the date on which your application was submitted.
- As soon as possible after the 21 days has expired, you will be required to submit a certificate of compliance attesting that you have displayed the site notice.
- Download a copy of the
- If the licence is approved your property will be subject to ALL of the mandatory conditions of the licence as well as applicable additional conditions which are relevant to the property in question:
- Hosts and operators must assess the property for risk of legionnaires disease and are required to complete a legionella risk assessment
Temporary Licence Applications
Our temporary licence form is now available for upcoming events throughout South Ayrshire. Please ensure to read the mandatory requirements which your property will be subject to meet, as well as any applicable additional conditions.
How the application is dealt with
We will review your application and will contact you if we need any extra information.
If no more information is needed from you, then a copy of the application will be sent to the relevant authorities for consultation before a decision will be made.
In the meantime, your site notice must always remain displayed on the premises. The notice needs to be visible from the outside of the premises the following day from when an application is submitted and accepted. It needs to remain visible for 21 days. If the extent of your premises is larger than 50 metres square, a further notice needs to be displayed every 50 metres along the external perimeter of the premises abutting any highway.
There is a 28-day objection period. A copy of your application is sent to the Scottish Fire and Rescue Service and Police Scotland for any comments or objections.
If you haven't had an acknowledgement from us within 28 days, please contact Shorttermlets@south-ayrshire.gov.uk and we will let you know about your application's progress.
If objections are made to your application, we will contact you to let you know. Your application will then need to be decided on by the Regulatory Panel. You and the person(s) or body who made objections will be invited to speak to the Panel before a decision on the licence will be determined.
Neighbours and Communities
All Short-term Let's must comply with the Civic Government Act (Scotland) 1982 (Licensing of Short-term Lets Order) 2022 and any other conditions South Ayrshire have specified within our policy.
Hosts are responsible for notifying residents of their intended purpose and must display notice from the day they submitted their application, for the 21 full days. Their dates will be showcased on these notices for the public to see and must be placed at or near the proposed property and be clearly visible.
Good practice of where display notices should be situated are for example, notices facing outward to the public on the premises gate, or the nearest lamppost or fence to the premises if this is not an option. If you're unsure of whether or not your placement is suitable, please email firstname.lastname@example.org for further guidance.
Any member of the public, neighbour or surrounding resident will be able to submit an objection or representation to any proposed Short Term Let Licence application within an area, and it must be received to South Ayrshire Council within 28 days of the notice being displayed.
We will consider competent objections and representations if they meet certain criteria, which can be found on our policy. Please note, any objections/representations that could be seen as vexatious or have no sound reasoning will be rejected.
Information regarding how to return the objection forms can be found on the application itself.
We ask, if any notices are defaced, none are displayed in accordance with the conditions set out but is aware that an application has been processed for a short term let, that they can fill out an objection form detailing this, and it may be investigated further.
|Licence||Max occupancy (Up to 4)||Max occupancy (5 or more)|
|Home sharing or Home letting (Or both)||£125.00||£250.00|
|Licence||Max occupancy (Up to 4)||Max occupancy (5 or more)|
|Home sharing or Home letting (Or both)||£75.00||£200.00|