SHORT-TERM LETS LICENCING UPDATE – EDINBURGH CITY COUNCIL

UPDATE ON SHORT-TERM LETS LICENCING REGULATIONS IN EDINBURGH COUNCIL AREA

In August 2022, Edinburgh City Council introduced a short-term lets control area which covers the whole of the Local Authority. This means that any property in the Edinburgh Council area which is not your main residence will need Planning Permission to operate as a short-term let unless it has been operating without Planning Permission for at least 10 years.

The Council must publish notices online and in the local newspaper giving 28 days notice of when the control area will come into effect. Owners of properties currently being used as a short-term let will have until 1 April 2023 to apply for a licence.

To apply, you can submit an application to Edinburgh Council using the following link https://bit.ly/3zLxqth. Fees are dependent on the gross floorspace of the property.

If you do not have Planning Permission, the Council can take enforcement action under the Planning Legislation to prevent short-term lets from operating. This is likely to take the form of an enforcement notice with the time limit for compliance set at 28 days.

Failure to comply will be an offence and the Council can serve a fixed penalty notice requiring payment of a fine of up to £2,000 or for serious/repeat offences of £20,000.

Once Planning Permission has been granted it attaches to the property so that any future buyer or heritable creditor in possession can use it.

The requirement to obtain Planning Permission is distinctly separately from the requirement obtain a license which comes into force on 1st October 2022.

Act now to ensure you short-term let complies with the new regulations.