Short-term lets

Before applying for a short-term let licence you must ensure you are compliant with all the mandatory conditions listed below, which are applicable for all licence types.  If you're not currently compliant you must undertake work to ensure you meet the conditions.

Agents

Only named licence holders can carry out day-to-day management of short-term let of the premises.

Type of licence

The licence holder can only offer the type of short-term let for which the licence has been granted.

Fire safety

The licence holder must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of:

• fire or suspected fire, and
• the presence of carbon monoxide in a concentration that is hazardous to health

The licence holder must also keep records showing that all upholstered furnishings and mattresses in the parts of the premises that guests use or are permitted to access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 (opens in new window)

Gas safety

Where the premises has a gas supply the licence holder must:

• arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises
• not allow a short-term let if, after an annual inspection, any appliance does not meet the required safety standard until works to bring the appliance to the required safety standard have been carried out

Electrical safety

Where there are electrical fittings or items in the parts of the premises that guests use or are permitted to access, the licence holder must:

• ensure electrical fittings and items are in a reasonable state of repair, and proper and safe working order
• arrange for an electrical safety inspection to be carried out by a competent person at least every five years, or more frequently if directed by the competent person
• ensure that the competent person provides an Electrical Installation Condition Report on any fixed installations following an electrical safety inspection
• arrange for a competent person to produce a Portable Appliance Testing Report on moveable appliances to which a guest has access
• ensure the competent person dates and signs a label for all moveable appliances that have been inspected

The licence holder can determine a competent person by checking the guidance issued by Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006(2) (opens in new window)

Water safety: private water supplies

Where the premises has a private water supply, the licence holder must comply with the private dwelling requirements set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (opens in new window)

Water safety: Legionella

Whether the premises has a private water supply or a mains water supply, the licence holder must assess the risk from exposure to Legionella within the premises.

Safety & repair standards

The licence holder must: 

• take all reasonable steps to ensure the premises are safe for residential use
• ensure the premises meet the repairing standard if the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006 (opens in new window)

Maximum occupancy

The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence.

Information to be displayed

The licence holder must make the following information accessible to guests in the premises:

• a certified copy of the licence and the licence conditions
• fire, gas and electrical safety information
• details of how to summon the assistance of emergency services
• a copy of the Gas Safety Report
• a copy of the Electrical Installation Condition Report
• a copy of the Portable Appliance Testing Report

Planning Permission

If the premises is in a short-term let control area under section 26B of the Town and Country Planning (Scotland) Act 1997 ("the 1997 Act") (opens in new window) the licence holder must ensure that either:

• an application has been made for planning permission under the 1997 Act and has not yet been determined, or;
• planning permission under the 1997 Act is in force

Listings

 The licence holder must ensure any listing or advert (whether electronic or otherwise) for the short-term let includes:

• the licence number, and;
• a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of the Buildings (Scotland) Regulations 2008 (opens in new window)

The listing or advert must also be consistent with the terms of the short-term let licence.

Insurance

The licence holder must ensure there is valid insurance in place :

• buildings for the duration of the licence, and;
• public liability for the duration of each short-term let agreement

Payment of fees

The licence holder must pay the fees for the licence as required

False or misleading information

The licence holder must not provide any false or misleading information to the licensing authority.

Interpretation

Electrical Installation Condition Report means a report containing the following information:

• the date on which the inspection was carried out
• the address of the premises inspected
• the name, address and relevant qualifications of the person who carried out the inspection
• any defect identified
• any action taken to remedy a defect

Energy Performance Certificate means a certificate which complies with regulation 6 of the Energy performance of Buildings (Scotland) Regulations 2008 (opens in new window)

Gas Safety Report means a report containing the following information:

• the date on which the appliance or flue was checked
• the address of the premises at which the appliance or flue is installed
• a description of and the location of each appliance or flue checked
• any safety defect identified
• any remedial action taken
• confirmation that the check undertaken complies with the requirements of an examination of:
  • the effectiveness of any flue
  • the supply of combustion air
  • subject to head (see next point below), its operating pressure or heat input or, where necessary, both
  • if it is not reasonably practicable to examine its operating pressure or heat input (or, where necessary, both), its combustion performance
  • its operation so as to ensure its safe functioning
• the name and signature of the individual carrying out the check, and
• the registration number with which that individual, or that individual's employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998 (opens in new window)