Planning Guidance for Short Term Lets

Planning Guidance for Short Term Lets

The Scottish Government have recently introduced Planning and Licensing legislation to assist Local Authorities in regulating Short Term Lets (STL), also known as short stay accommodation, within their areas.

Planning and Licensing are two separate departments within Glasgow City Council and this guidance is in relation to the requirements of Planning legislation and policy only. for Licensing requirements please see here.

Short Term Lets are subject to regulation by local policy within Glasgow.  The City Development Plan (adopted March 2017) is the local development plan for the city of Glasgow. SG10: Meeting Housing Needs sets out the guidance for Short Terms Lets (see section 4- Tourist Accommodation and section 4B Short Stay Accommodation). Under this guidance a Short Term Let is defined as accommodation occupied for a period of less than 90 days.

Factors to consider before operating Short Term Lets

There are two factors to be considered if you operate or plan to operate a STL.

• Does the Short Term Let need Planning Permission?
  
  Various factors are considered to establish whether a property is being used as STL. These include how frequently the property is being used, whether it is a main home with periodic use as an STL, the characteristics of the accommodation and what other services are offered as part of the STL use.  More details are set out below.
   
• If it needs Planning Permission, is it likely to be granted?
  
  If planning permission is needed, one of the key factors in assessing whether it should be granted is whether a Short Term Let would have an impact upon the level of amenity enjoyed by neighbouring residents.Over several years the Council has developed a policy approach designed to protect residential properties from potentially disruptive and harmful impact from a nearby Short Term Let. Given the close proximity in flatted blocks like tenements, the controls are tightest where an STL is operating in a flat and the Council will only grant planning permission for a flat to operate as an STL in a rare and specific set of circumstances.

It is important that all parties understand that, given the likelihood that many applications for using a flat as an STL will not be supported, the Council is not actively encouraging applications particularly as the application fees can be expensive. We strongly urge prospective applicants to review the information below and understand the details of the Guidance relating to Short Stay Accommodation before making an application.

Please note, applicants can also seek advice through our formal pre-application process.

Do I need planning permission to operate a Short Term Let in my Flat?

(Please note the definition of a flat includes a property within four-in-a-block)

Flats are defined as Sui Generis (outwith a specific Use Class) within The Town and Country Planning (Use Classes) (Scotland) Order 1997. This is a different use category to a house. This status reflects the fact that a flat within a block containing residential properties has different characteristics in that it often has shared access, circulation and amenity spaces.

Where the entirety of a flat is available for Short Term Let on a frequent basis, there is likely to be a material change of use which requires planning permission. 

In determining whether a short-stay use would constitute a change of use, the Council will take account of:

• The nature of services provided, such as cleaning or laundry;
• The size and context of the property;
• The frequency and duration of short stays; and
• The number of people staying/able to stay.

If the property is let for a one-off period lasting under 14 consecutive days (e.g. COP26) this is not likely to constitute a change of use requiring planning permission, but you may still require a Short Term Let licence.  For Licensing requirements please see here: Short Term Let Licence.  You may wish to formally confirm that planning permission is not required through an application for a Certificate of Lawfulness for a Proposed Use.

Where the property is occupied as your sole or main residence and part of the property is rented as a Short Term Let, this may not constitute a change of use requiring planning permission, but you may still require a Short Term Let licence.  For Licensing requirements please see here: Short Term Let Licence. You may wish to formally confirm that planning permission is not required through an application for a Certificate of Lawfulness for a Proposed Use. 

Using a flat as a Short Term Let for a number of months (for example outwith University term time during the Summer) will require planning permission if it is operating for more than a one-off occasion of 14 consecutive days.

Do I need planning permission to Operate a Short Term Let in my house?

Under Class 9 of the Use Classes Order, a house remains in use as a house whether it is the sole or main residence of the occupants or not. This sets a context that a house being used on a short-term let basis generally does not constitute a change of use. Therefore, use of a house as an STL Is unlikely to require planning permission provided that it is occupied by a single household. A single household is defined as a single person or by people living together as a family.

Where a house is rented to more than one household it may be that the use of the house as Short Term Let would require planning permission. Please contact the Planning Authority to discuss via our Planning Enquiries Email.

I've been operating for several years as a Short Term Let, do I need planning permission?

If your property is falls into one of the scenarios described above that require planning permission, then you may still require permission even if you have been operating for some time.

Exemptions would only be applicable if you have operated as a Short Term Let continuously for a period of 10 years or greater and the use is ongoing. In this instance you should apply for a Certificate of Lawfulness for an existing use. Please note for this type of application the onus will be on the applicant to provide evidence of the continuous, ongoing, use.

This timescale reflects a statutory threshold set in planning legislation; matters to be determined are solely matters of evidential fact and law.  Therefore, there is no scope to make an allowance where the applicant cannot demonstrate 10 full years of continuous use in any circumstances.

I let my property out periodically when I'm not living in it, do I need planning permission?

There is no specific number of days a property can be available before it would require planning permission, nor is there a specific number of individual stays. This is because each case must be considered on its own merits based upon the circumstances in that case. Any secondary letting of a flatted property where you do not normally live or letting of a house to more than one household on a regular basis would be likely to require planning permission.

However, where the property is available for a short period (14 days or less) for a one-off event it would be unlikely to constitute a material change of use. In these circumstances it is advisable to approach the planning authority to discuss the details through a pre-application request pre-application guidance.

Do I need planning permission to install a lockbox?

A requirement for a lockbox is an indicator that there may be use of a property (flat or house) as a Short Term Let in which case planning permission may be required for a change of use to be assessed against policy. In the past, Planning Enforcement actions taken against unauthorised and unacceptable Short Term Lets have also successfully required the removal of associated lock boxes.  As an alteration in its own right, if the property is within a Conservation Area or a Listed Building planning permission, or listed building consent where applicable, will likely also be required for the installation of a lockbox.

Please note, lockboxes should only be sited within the curtilage of the property and should not be installed on public furniture (e.g. railings/ lampposts etc).

How do I apply for planning permission?

Planning permission should be applied for via the Scottish Government's ePlanning portal here.

Before you can begin to submit your application online, you'll need to register with ePlanning Scotland. This is free and only takes a couple of minutes. Once registered you can log in and begin making your application. A guide to applying online is available there to guide you through the process. Please note there will be a fee.

For a Short Term Let application you should include a location plan, existing and proposed floor plans, and an operation plan which should include details of number of guests/length of stay targeted, details of any servicing provided, waste/recycling arrangements, details of how guest access will be managed. Please note, all drawings must have scale bars on the drawing, to allow online measurement.

How is an application for planning permission assessed?

An application for planning permission is assessed against the local development plan, the City Development Plan, its associated supplementary guidance and any material considerations relevant to the application (e.g. material considerations raised through the public consultation period). In particular SG10: Meeting Housing Needs should be reviewed.

The application will be determined either as Grant, Grant Subject to Condition(s) or Refused.

How do I apply for a Certificate of Lawfulness for a Proposed/Existing Use?

A Certificate of Lawfulness should be applied for via the Scottish Government's ePlanning portal here.

Before you can begin to submit your application online, you'll need to register with ePlanning Scotland. This is free and only takes a couple of minutes. Once registered you can log in and begin making your application. A guide to applying online is available there to guide you through the process. Please note there will be a fee for this application.

For an application for a Certificate of Lawfulness for a Proposed Use you should include a location plan, existing and proposed floor plans, and an operation plan which should include details of number of guests/length of stay targeted, details of any servicing provided, waste/recycling arrangements, details of how guest access will be managed. Please note, all drawings must have scale bars on the drawing, to allow online measurement.

For an application for a Certificate of Lawfulness for an Existing Use you should include a location plan, and evidence of continuous, uninterrupted use of the property as a Short Term Let. Examples of evidence could be evidence of advertisements, booking records, evidence of registration on non-domestic rates register. Please note, all drawings must have scale bars on the drawing, to allow online measurement. We also advise that in keeping with commercial nature of Short Term Lets, applicants should demonstrate suitable commercial arrangement for the storage and disposal of waste where necessary.

How is an application for a Certificate of Lawfulness assessed?

An application for a Certificate of Lawfulness for a Proposed Use is assessed on the basis that the proposed use of the property would not differ from that of a mainstream residential residence, either as a Sui Generis Use for a flatted property or as a Class 9 Use for a house.

An application for a Certificate of Lawfulness for an Existing Use is assessed on the basis that the property has operated as a Short Term Let for a period of ten years or greater and therefore the property can be considered to be in use as Short Term Let (Sui Generis).

What will be the fee for the application?

Short term lets are considered to be non-domestic properties and therefore the fees for the various applications are as generally as follows:

How do I complain about an unauthorised Short Term Let?

If you believe a Short Term Let would require consent and is operating without such permissions, this can be reported to our Planning Enforcement team for investigation via their online form here.

You may wish to review the Planning Enforcement Charter 2022 (viewable under Publications) for details on how your complaint is managed.

You may also wish to report the matter to Licensing separately: Short Term Let Licence.

For other issues they can be reported here:

• Noise
• Anti-social behaviour (note this can also be reported to Police Scotland) and
• Fly-tipping.