Short-term lets in Scotland – Licensing Scheme
Guidance notes
1. Please remember that we will not refund your application fee if you withdraw your licence application, or if it is refused.
2. We will send a copy of your application to:
- Police Scotland;
- Scottish Fire and Rescue Service;
- Planning Services;
- Building Control Services;
- Environmental Services;
- Housing and Technical Resources
A note of your application will also be sent to the local Councillors for your area.
3. Please remember that we may need to pass your application to the Licensing Committee. If this is the case, your application form and any convictions you tell us about on the form will become part of a public document.
This means that members of the public can see your application. You can find out when the Licensing Committee meets, and details of meetings, on our website.
4. Delegated powers are the authority given to the Manager of the Licensing and Registration Section to make a decision on your application. This is quicker than having the Committee make a decision on your application. Whether the Manager uses delegated powers depends on your criminal record.
The Manager may use them if:
- you have no convictions;
- you have a conviction, but we decide, based on the sentence or fine you received, that your offence was not serious enough to require a hearing by a Committee.
How the Manager uses these powers may also depend on the type of any convictions you have, and how long ago they happened.
5. A copy of the mandatory conditions that will be added to your licence if it is granted are available at Mandatory licence conditions, Additional conditions could be added to your licence during the application process. You will be advised in writing of any additional conditions.
6. You will be asked if you are applying as an individual or corporate entity. Corporate entities include companies, partnerships, trusts or charities.
7. You must provide details of all those who are behind the application. For individuals this will include any joint owners, day-to-day managers or agents. For corporate entities, this must include names of directors, partners or other persons responsible for the management of your short-term let.
Please ensure you provide details of all owners of the property which is the subject of the application.
8. Details of any unspent convictions must be provided for everybody that has been named on your application in order for South Lanarkshire Council as licensing authority to consult with Police Scotland (and any other body as appropriate) to determine whether all those named on the application are considered fit and proper persons.
9. Applications will be made for either a new licence, or to renew a licence. Applications to renew a licence must be submitted prior to the expiry of your current licence.
If you are an existing operator, operating the premises which is the subject of this application as a short-term let prior to 1 October 2022, please select ‘First application (existing operator)’. You will be able to continue operating whilst your application is being determined.
10. There are four types of short term let licence which you can apply for
- Home sharing means using all or part of your own home for short term lets whilst you are there.
- Home letting means using all or part of your own home for short term lets whilst you are absent, for example whilst you are on holiday.
- Home sharing and home letting means you operate short term lets from your own home while you are living there and also for periods when you are absent.
- Secondary letting means a short term let involving the letting of property where you do not normally live, for example a second home.
11. Where you do not own the property you intend to operate as a short term let, you must demonstrate that you have secured the consent of the property owners. Examples of situations where this may be relevant and required include where somebody with a private residential tenancy wishes to let out a spare room.
12. Please provide the full address, including postcode of the premises for which you are seeking a licence. If you have multiple premises, you will be required to submit an application for each premises (except in limited circumstances, for example 10 pods within a single field could be considered a single premises with multiple accommodation units).
13. Please state the maximum number of occupants allowed to reside on the premises. Where there are multiple accommodation units on the same premises, please include the total maximum occupancy and maximum occupancy per unit. Some illustrative examples are included below:
|
Premises type |
Maximum occupancy per unit |
Total maximum occupancy |
|---|---|---|
|
Self-catering detached house (secondary let – entire property) |
10 |
10 |
|
Home sharing with 2 lettable bedrooms |
2 bedrooms, with maximum occupancy of 2 per bedroom. |
4 |
|
Field with 10 separately lettable pods |
5 pods with maximum occupancy of 2; 5 pods with maximum occupancy of 3. |
25 |
14. Please state the number of bedrooms on your premises. For those offering home sharing, please state the number of bedrooms available for let.
15. If you are applying for a licence for secondary letting, home letting or home sharing and home letting of a dwellinghouse you must confirm the Energy Performance Certificate (EPC) rating of the premises and ensure that it is displayed on any listings for the premises. Please provide a copy of your EPC certificate to allow South Lanarkshire Council to verify compliance.
Note – listings need not include the EPC certificate, but only the rating, for example, EPC – D.
16. Unconventional accommodation is a broad term, used to capture all accommodation that is not a dwellinghouse, for example, pods, yurts, static caravans.
17. You will be asked to select the description that best describes your short term let. This will help understand the makeup of the short term let sector in more detail and relates to short term let type. B&Bs and guest houses are often forms of home sharing.
18. Please provide details of any licence previously or currently held by any person named in the application and provide details of any licence application made by any person named in the application, which was refused.
19. (a) An application checklist forms part of the application. The application checklist is designed to assist you with preparation of an application for a licence that is complete first time. If your application is incomplete, South Lanarkshire Council will return your application to you and ask you to resubmit a complete application.
The checklist is split into 3 sections to ensure:
- You have enclosed all necessary documentation to support your application
- You understand your obligations and
- Your premises is suitable and ready for inspection, if required.
Floor plan – eight copies of a legible layout plan preferably to scale must accompany applications for a new licence. The layout plan should include:
(i) the location and width of any escape routes from the premises
(ii) the location of any equipment used for the detection or warning of fire or smoke or for fighting fires
(iii) the location of the presence of equipment installed for detecting the presence of carbon monoxide
(iv) the location of any steps, stairs, elevators or lifts on the premises
(v) the position of any ramps, lifts or other facilities for the benefit of disabled people
(vi) the layout of rooms
(vii) the occupancy for each bedroom
(viii) the number of beds in each room
(ix) room sizes
(x) rooms available for guests.
(b) The Scottish Fire and Rescue Service Fire Safety Checklist has been prepared by Scottish Fire and Rescue Service. The completed checklist must accompany your application.
20. You are required to complete a declaration to confirm that you have read and understood the mandatory conditions that apply to all short term lets in Scotland and any additional standard conditions that are required by your licensing authority.
As noted within the declaration it is an offence to provide false or misleading information on your application form which could lead to prosecution, and you are therefore required to indicate that the information provide on your application form is correct to the best of your knowledge.
21. Licence fees can be found at Short-term lets - fees
22. Applicants have a statutory obligation to display a notice of application stating that an application for a short term let licence has been made.
A template site notice is provided with the application form. This notice should be completed clearly and legibly. The notice must be displayed suitably protected from the elements on or near to the property in a position where it can be easily read by members of the public 24 hours a day for a period of 21 days starting on the date on which your application is lodged with the Council to give people a chance to object to your application.
You must take reasonable steps to protect the notice and if it is removed, obscured or defaced, within the 21 day period, it should be replaced. At the end of the 21 day period the confirmation of site notice must be completed and signed and the entire notice must then be returned to South Lanarkshire Council, Licensing and Registration Section, Floor 11, Council Offices, Almada Street, Hamilton ML3 0AA or email to licensing@southlanarkshire.gov.uk
If the notice has been removed or defaced then you must provide the Council with written confirmation that you displayed the notice for 21 days as required and took steps to protect and replace the notice if appropriate.
If you do not display the site notice, your application for a licence may be delayed and we may make you start the 21 day objection period again.
Note - Where an applicant believes that compliance with the requirement to display a site notice is likely to jeopardise the safety or welfare of any persons, or the security of any premises, they may apply to the local authority to be exempt from this requirement.
23. Before submitting your application, please ensure the following
- The checklists have been fully completed.
- The correct application fee to be paid.
- All required certificates and supporting documentation are attached.
- The premises is ready for a property inspection to be carried out irrespective of whether or not the local authority chooses to inspect your premises.
24. Further information and links
Scottish Government Short-Term Lets webpage
Scottish Government Licensing Guidance for Hosts and Operators
Scottish Government Planning Guidance for Hosts and Operator
South Lanarkshire Council webpage